PRELIMINARY TITLE

CHAPTER I
EFFECT AND APPLICATION OF LAWS

Article 1. This Act shall be known as the "Civil Code of the

Philippines." (n)

Art. 2. Laws shall take effect after fifteen days following

REPUBLIC ACT NO. 386 the completion of their publication in the Official Gazette,
unless it is otherwise provided. This Code shall take effect
one year after such publication. (1a)

AN ACT TO ORDAIN AND Art. 3. Ignorance of the law excuses no one from
compliance therewith. (2)
INSTITUTE
THE CIVIL CODE OF THE Art. 4. Laws shall have no retroactive effect, unless the
contrary is provided. (3)
PHILIPPINES
Art. 5. Acts executed against the provisions of mandatory
or prohibitory laws shall be void, except when the law itself
authorizes their validity. (4a)

Art. 6. Rights may be waived, unless the waiver is contrary

to law, public order, public policy, morals, or good
customs, or prejudicial to a third person with a right
recognized by law. (4a)

Art. 7. Laws are repealed only by subsequent ones, and

their violation or non-observance shall not be excused by
disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the

Constitution, the former shall be void and the latter shall
govern.

Administrative or executive acts, orders and regulations

shall be valid only when they are not contrary to the laws
or the Constitution. (5a)

Art. 8. Judicial decisions applying or interpreting the laws

or the Constitution shall form a part of the legal system of
the Philippines. (n)

Art. 9. No judge or court shall decline to render judgment

by reason of the silence, obscurity or insufficiency of the
laws. (6)

Art. 10. In case of doubt in the interpretation or

application of laws, it is presumed that the lawmaking
body intended right and justice to prevail. (n)

Art. 11. Customs which are contrary to law, public order or

public policy shall not be countenanced. (n)

Art. 12. A custom must be proved as a fact, according to the

rules of evidence. (n)
Art. 13. When the laws speak of years, months, days or
nights, it shall be understood that years are of three
hundred sixty-five days each; months, of thirty days; days,
of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be
computed by the number of days which they respectively
have.
In computing a period, the first day shall be excluded, and
the last day included. (7a)
Art. 14. Penal laws and those of public security and safety
shall be obligatory upon all who live or sojourn in the
Philippine territory, subject to the principles of public
international law and to treaty stipulations. (8a)
Art. 15. Laws relating to family rights and duties, or to the
status, condition and legal capacity of persons are binding
upon citizens of the Philippines, even though living
abroad. (9a)
Art. 16. Real property as well as personal property is
subject to the law of the country where it is stipulated.
However, intestate and testamentary successions, both
with respect to the order of succession and to the amount
of successional rights and to the intrinsic validity of
testamentary provisions, shall be regulated by the national
law of the person whose succession is under consideration,
whatever may be the nature of the property and regardless
of the country wherein said property may be found. (10a)
Art. 17. The forms and solemnities of contracts, wills, and
other public instruments shall be governed by the laws of
the country in which they are executed.
When the acts referred to are executed before the
diplomatic or consular officials of the Republic of the
Philippines in a foreign country, the solemnities
established by Philippine laws shall be observed in their
execution.
Prohibitive laws concerning persons, their acts or property,
and those which have, for their object, public order, public
policy and good customs shall not be rendered ineffective
by laws or judgments promulgated, or by determinations
or conventions agreed upon in a foreign country. (11a)
Art. 18. In matters which are governed by the Code of
Commerce and special laws, their deficiency shall be
supplied by the provisions of this Code. (16a)
CHAPTER 2
HUMAN RELATIONS (n)
Art. 19. Every person must, in the exercise of his rights and
in the performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.
Art. 20. Every person who, contrary to law, wilfully or
negligently causes damage to another, shall indemnify the
latter for the same.
Art. 21. Any person who willfully causes loss or injury to
another in a manner that is contrary to morals, good
customs or public policy shall compensate the latter for the
damage.
Art. 22. Every person who through an act of performance
by another, or any other means, acquires or comes into
possession of something at the expense of the latter
without just or legal ground, shall return the same to him.
Art. 23. Even when an act or event causing damage to
another's property was not due to the fault or negligence of
the defendant, the latter shall be liable for indemnity if
through the act or event he was benefited.
Art. 24. In all contractual, property or other relations,
when one of the parties is at a disadvantage on account of
his moral dependence, ignorance, indigence, mental
weakness, tender age or other handicap, the courts must
be vigilant for his protection.
Art. 25. Thoughtless extravagance in expenses for pleasure
or display during a period of acute public want or
emergency may be stopped by order of the courts at the
instance of any government or private charitable
institution.
Art. 26. Every person shall respect the dignity, personality,
privacy and peace of mind of his neighbors and other
persons. The following and similar acts, though they may
not constitute a criminal offense, shall produce a cause of
action for damages, prevention and other relief:
(1) Prying into the privacy of another's residence:
(2) Meddling with or disturbing the private life or
family relations of another;
(3) Intriguing to cause another to be alienated
from his friends;
(4) Vexing or humiliating another on account of
his religious beliefs, lowly station in life, place of
birth, physical defect, or other personal condition.
Art. 27. Any person suffering material or moral loss
because a public servant or employee refuses or neglects,
without just cause, to perform his official duty may file an
action for damages and other relief against he latter,
without prejudice to any disciplinary administrative action
that may be taken.
Art. 28. Unfair competition in agricultural, commercial or
industrial enterprises or in labor through the use of force,
intimidation, deceit, machination or any other unjust,
oppressive or highhanded method shall give rise to a right
of action by the person who thereby suffers damage.
Art. 29. When the accused in a criminal prosecution is
acquitted on the ground that his guilt has not been proved
beyond reasonable doubt, a civil action for damages for the
same act or omission may be instituted. Such action
requires only a preponderance of evidence. Upon motion
of the defendant, the court may require the plaintiff to file
a bond to answer for damages in case the complaint should
be found to be malicious.
If in a criminal case the judgment of acquittal is based
upon reasonable doubt, the court shall so declare. In the
absence of any declaration to that effect, it may be inferred
from the text of the decision whether or not the acquittal is
due to that ground.
Art. 30. When a separate civil action is brought to demand
civil liability arising from a criminal offense, and no
criminal proceedings are instituted during the pendency of
the civil case, a preponderance of evidence shall likewise
be sufficient to prove the act complained of.
Art. 31. When the civil action is based on an obligation not
arising from the act or omission complained of as a felony,
such civil action may proceed independently of the
criminal proceedings and regardless of the result of the
latter.
Art. 32. Any public officer or employee, or any private
individual, who directly or indirectly obstructs, defeats,
violates or in any manner impedes or impairs any of the
following rights and liberties of another person shall be
liable to the latter for damages:
(1) Freedom of religion;
(2) Freedom of speech;
(3) Freedom to write for the press or to maintain a
periodical publication;
(4) Freedom from arbitrary or illegal detention;
(5) Freedom of suffrage;
(6) The right against deprivation of property
without due process of law;
(7) The right to a just compensation when private
property is taken for public use;
(8) The right to the equal protection of the laws;
(9) The right to be secure in one's person, house,
papers, and effects against unreasonable searches
and seizures;
(10) The liberty of abode and of changing the
same;
(11) The privacy of communication and
correspondence;
(12) The right to become a member of associations
or societies for purposes not contrary to law;
(13) The right to take part in a peaceable assembly
to petition the government for redress of
grievances;
(14) The right to be free from involuntary
servitude in any form;
(15) The right of the accused against excessive
bail;
(16) The right of the accused to be heard by
himself and counsel, to be informed of the nature
and cause of the accusation against him, to have a
speedy and public trial, to meet the witnesses face
to face, and to have compulsory process to secure
the attendance of witness in his behalf;
(17) Freedom from being compelled to be a
witness against one's self, or from being forced to
confess guilt, or from being induced by a promise
of immunity or reward to make such confession,
except when the person confessing becomes a
State witness;
(18) Freedom from excessive fines, or cruel and
unusual punishment, unless the same is imposed
or inflicted in accordance with a statute which has
not been judicially declared unconstitutional; and
(19) Freedom of access to the courts.
In any of the cases referred to in this article, whether or
not the defendant's act or omission constitutes a criminal
offense, the aggrieved party has a right to commence an
entirely separate and distinct civil action for damages, and
for other relief. Such civil action shall proceed
independently of any criminal prosecution (if the latter be
instituted), and mat be proved by a preponderance of
evidence.
The indemnity shall include moral damages. Exemplary
damages may also be adjudicated.
The responsibility herein set forth is not demandable from
a judge unless his act or omission constitutes a violation of
the Penal Code or other penal statute.
Art. 33. In cases of defamation, fraud, and physical injuries
a civil action for damages, entirely separate and distinct
from the criminal action, may be brought by the injured
party. Such civil action shall proceed independently of the
criminal prosecution, and shall require only a
preponderance of evidence.
Art. 34. When a member of a city or municipal police force
refuses or fails to render aid or protection to any person in
case of danger to life or property, such peace officer shall
be primarily liable for damages, and the city or
municipality shall be subsidiarily responsible therefor. The
civil action herein recognized shall be independent of any
criminal proceedings, and a preponderance of evidence
shall suffice to support such action.
Art. 35. When a person, claiming to be injured by a
criminal offense, charges another with the same, for which
no independent civil action is granted in this Code or any
special law, but the justice of the peace finds no reasonable
grounds to believe that a crime has been committed, or the
prosecuting attorney refuses or fails to institute criminal
proceedings, the complaint may bring a civil action for
damages against the alleged offender. Such civil action
may be supported by a preponderance of evidence. Upon
the defendant's motion, the court may require the plaintiff
to file a bond to indemnify the defendant in case the
complaint should be found to be malicious.
If during the pendency of the civil action, an information
should be presented by the prosecuting attorney, the civil
action shall be suspended until the termination of the
criminal proceedings.
Art. 36. Pre-judicial questions which must be decided
before any criminal prosecution may be instituted or may
proceed, shall be governed by rules of court which the
Supreme Court shall promulgate and which shall not be in
conflict with the provisions of this Code.
BOOK I
PERSONS
Title I. - CIVIL PERSONALITY
CHAPTER 1
GENERAL PROVISIONS
Art. 37. Juridical capacity, which is the fitness to be the
subject of legal relations, is inherent in every natural
person and is lost only through death. Capacity to act,
which is the power to do acts with legal effect, is acquired
and may be lost. (n)
Art. 38. Minority, insanity or imbecility, the state of being
a deaf-mute, prodigality and civil interdiction are mere
restrictions on capacity to act, and do not exempt the
incapacitated person from certain obligations, as when the
latter arise from his acts or from property relations, such
as easements. (32a)
Art. 39. The following circumstances, among others,
modify or limit capacity to act: age, insanity, imbecility, the
state of being a deaf-mute, penalty, prodigality, family
relations, alienage, absence, insolvency and trusteeship.
The consequences of these circumstances are governed in
this Code, other codes, the Rules of Court, and in special
laws. Capacity to act is not limited on account of religious
belief or political opinion.
A married woman, twenty-one years of age or over, is
qualified for all acts of civil life, except in cases specified by
law. (n)
CHAPTER 2
NATURAL PERSONS
Art. 40. Birth determines personality; but the conceived
child shall be considered born for all purposes that are
favorable to it, provided it be born later with the conditions
specified in the following article. (29a)
Art. 41. For civil purposes, the fetus is considered born if it
is alive at the time it is completely delivered from the
mother's womb. However, if the fetus had an intra-uterine
life of less than seven months, it is not deemed born if it
dies within twenty-four hours after its complete delivery
from the maternal womb. (30a)
Art. 42. Civil personality is extinguished by death.
The effect of death upon the rights and obligations of the
deceased is determined by law, by contract and by will.
(32a)
Art. 43. If there is a doubt, as between two or more persons
who are called to succeed each other, as to which of them
died first, whoever alleges the death of one prior to the
other, shall prove the same; in the absence of proof, it is
presumed that they died at the same time and there shall
be no transmission of rights from one to the other. (33)
CHAPTER 3
JURIDICAL PERSONS
Art. 44. The following are juridical persons:
(1) The State and its political subdivisions;
(2) Other corporations, institutions and entities
for public interest or purpose, created by law; their
personality begins as soon as they have been
constituted according to law;
(3) Corporations, partnerships and associations
for private interest or purpose to which the law
grants a juridical personality, separate and distinct
from that of each shareholder, partner or member.
(35a)
Art. 45. Juridical persons mentioned in Nos. 1 and 2 of the
preceding article are governed by the laws creating or
recognizing them.
Private corporations are regulated by laws of general
application on the subject.
Partnerships and associations for private interest or
purpose are governed by the provisions of this Code
concerning partnerships. (36 and 37a)
Art. 46. Juridical persons may acquire and possess
property of all kinds, as well as incur obligations and bring
civil or criminal actions, in conformity with the laws and
regulations of their organization. (38a)
Art. 47. Upon the dissolution of corporations, institutions
and other entities for public interest or purpose mentioned
in No. 2 of Article 44, their property and other assets shall
be disposed of in pursuance of law or the charter creating
them. If nothing has been specified on this point, the
property and other assets shall be applied to similar
purposes for the benefit of the region, province, city or
municipality which during the existence of the institution
derived the principal benefits from the same. (39a)
Title II. - CITIZENSHIP AND DOMICILE
Art. 48. The following are citizens of the Philippines:
(1) Those who were citizens of the Philippines at
the time of the adoption of the Constitution of the
Philippines;
(2) Those born in the Philippines of foreign
parents who, before the adoption of said
Constitution, had been elected to public office in
the Philippines;
(3) Those whose fathers are citizens of the
Philippines;
(4) Those whose mothers are citizens of the
Philippines and, upon reaching the age of
majority, elect Philippine citizenship;
(5) Those who are naturalized in accordance with
law. (n)
Art. 49. Naturalization and the loss and reacquisition of
citizenship of the Philippines are governed by special laws.
(n)
Art. 50. For the exercise of civil rights and the fulfillment
of civil obligations, the domicile of natural persons is the
place of their habitual residence. (40a)
Art. 51. When the law creating or recognizing them, or any
other provision does not fix the domicile of juridical
persons, the same shall be understood to be the place
where their legal representation is established or where
they exercise their principal functions. (41a)
Title III. - MARRIAGE
CHAPTER 1
REQUISITES OF MARRIAGE
Art. 52. Marriage is not a mere contract but an inviolable
social institution. Its nature, consequences and incidents
are governed by law and not subject to stipulation, except
that the marriage settlements may to a certain extent fix
the property relations during the marriage. (n)
Art. 53. No marriage shall be solemnized unless all these
requisites are complied with:
(1) Legal capacity of the contracting parties;
(2) Their consent, freely given;
(3) Authority of the person performing the
marriage; and
(4) A marriage license, except in a marriage of
exceptional character (Sec. 1a, Art. 3613).
Art. 54. Any male of the age of sixteen years or upwards,
and any female of the age of fourteen years or upwards, not
under any of the impediments mentioned in Articles 80 to
84, may contract marriage. (2)
Art. 55. No particular form for the ceremony of marriage is
required, but the parties with legal capacity to contract
marriage must declare, in the presence of the person
solemnizing the marriage and of two witnesses of legal age,
that they take each other as husband and wife. This
declaration shall be set forth in an instrument in triplicate,
signed by signature or mark by the contracting parties and
said two witnesses and attested by the person solemnizing
the marriage.
In case of a marriage on the point of death, when the dying
party, being physically unable, cannot sign the instrument
by signature or mark, it shall be sufficient for one of the
witnesses to the marriage to sign in his name, which fact
shall be attested by the minister solemnizing the marriage.
(3)
Art. 56. Marriage may be solemnized by:
(1) The Chief Justice and Associate Justices of the
Supreme Court;
 (2) The Presiding Justice and the Justices of the
Court of Appeals;
(3) Judges of the Courts of First Instance;
(4) Mayors of cities and municipalities;
(5) Municipal judges and justices of the peace;
(6) Priests, rabbis, ministers of the gospel of any
denomination, church, religion or sect, duly
registered, as provided in Article 92; and
(7) Ship captains, airplane chiefs, military
commanders, and consuls and vice-consuls in
special cases provided in Articles 74 and 75. (4a)
Art. 57. The marriage shall be solemnized publicly in the
office of the judge in open court or of the mayor; or in the
church, chapel or temple, as the case may be, and not
elsewhere, except in cases of marriages contracted on the
point of death or in remote places in accordance with
Article 72 of this Code, or in case of marriage referred to in
Article 76 or when one of the parents or the guardian of the
female or the latter herself if over eighteen years of age
request it in writing, in which cases the marriage may be
solemnized at a house or place designated by said parent
or guardian of the female or by the latter herself in a sworn
statement to that effect. (5a)
Art. 58. Save marriages of an exceptional character
authorized in Chapter 2 of this Title, but not those under
Article 75, no marriage shall be solemnized without a
license first being issued by the local civil registrar of the
municipality where either contracting party habitually
resides. (7a)
Art. 59. The local civil registrar shall issue the proper
license if each of the contracting parties swears separately
before him or before any public official authorized to
administer oaths, to an application in writing setting forth
that such party has the necessary qualifications for
contracting marriage. The applicants, their parents or
guardians shall not be required to exhibit their residence
certificates in any formality in connection with the
securing of the marriage license. Such application shall
insofar as possible contain the following data:
(1) Full name of the contracting party;
(2) Place of birth;
(3) Age, date of birth;
(4) Civil status (single, widow or widower, or
divorced);
(5) If divorced, how and when the previous
marriage was dissolved;
(6) Present residence;
(7) Degree of relationship of the contracting
parties;
(8) Full name of the father;
(9) Residence of the father;
(10) Full name of the mother;
(11) Residence of the mother;
(12) Full name and residence of the guardian or
person having charge, in case the contracting party
has neither father nor mother and is under the age
of twenty years, if a male, or eighteen years if a
female. (7a)
Art. 60. The local civil registrar, upon receiving such
application, shall require the exhibition of the original
baptismal or birth certificates of the contracting parties or
copies of such documents duly attested by the persons
having custody of the originals. These certificates or
certified copies of the documents required by this article
need not to be sworn to and shall be exempt from the
documentary stamp tax. The signature and official title of
the person issuing the certificate shall be sufficient proof of
its authenticity.
If either of the contracting parties is unable to produce his
baptismal or birth certificate or a certified copy of either
because of the destruction or loss of the original, or if it is
shown by an affidavit of such party or of any other person
that such baptismal or birth certificate has not yet been
received though the same has been requested of the person
having custody thereof at least fifteen days prior to the
date of the application, such party may furnish in lieu
thereof his residence certificate for the current year or any
previous years, to show the age stated in his application or,
in the absence thereof, an instrument drawn up and sworn
to before the local civil registrar concerned or any public
official authorized to solemnize marriage. Such instrument
shall contain the sworn declaration of two witnesses, of
lawful age, of either sex, setting forth the full name,
profession, and residence of such contracting party and of
his or her parents, if known, and the place and date of
birth of such party. The nearest of kin of the contracting
parties shall be preferred as witnesses, and in their default,
persons well known in the province or the locality for their
honesty and good repute.
The exhibition of baptismal or birth certificates shall not
be required if the parents of the contracting parties appear
personally before the local civil registrar concerned and
swear to the correctness of the lawful age of said parties, as
stated in the application, or when the local civil registrar
shall, by merely looking at the applicants upon their
personally appearing before him, be convinced that either
or both of them have the required age. (8a)
Art. 61. In case either of the contracting parties is a
widowed or divorced person, the same shall be required to
furnish, instead of the baptismal or birth certificate
required in the last preceding article, the death certificate
of the deceased spouse or the decree of the divorce court,
as the case may be. In case the death certificate cannot be
found, the party shall make an affidavit setting forth this
circumstance and his or her actual civil status and the
name and the date of the death of the deceased spouse.
In case either or both of the contracting parties, being
neither widowed nor divorced, are less than twenty years
of age as regards the male and less than eighteen years as
regards the female, they shall, in addition to the
requirements of the preceding articles, exhibit to the local
civil registrar, the consent to their marriage, of their father,
mother or guardian, or persons having legal charge of
them, in the order mentioned. Such consent shall be in
writing, under oath taken with the appearance of the
interested parties before the proper local civil registrar or
in the form of an affidavit made in the presence of two
witnesses and attested before any official authorized by law
to administer oaths. (9a)
Art. 62. Males above twenty but under twenty-five years of
age, or females above eighteen but under twenty-three
years of age, shall be obliged to ask their parents or
guardian for advice upon the intended marriage. If they do
not obtain such advice, or if it be unfavorable, the marriage
shall not take place till after three months following the
completion of the publication of the application for
marriage license. A sworn statement by the contracting
parties to the effect that such advice has been sought,
together with the written advice given, if any, shall
accompany the application for marriage license. Should
the parents or guardian refuse to give any advice, this fact
shall be stated in the sworn declaration. (n)
Art. 63. The local civil registrar shall post during ten
consecutive days at the main door of the building where he
has his office a notice, the location of which shall not be
changed once it has been placed, setting forth the full
names and domiciles of the applicants for a marriage
license and other information given in the application.
This notice shall request all persons having knowledge of
any impediment to the marriage to advise the local
registrar thereof. The license shall be issued after the
completion of the publication, unless the local civil
registrar receives information upon any alleged
impediment to the marriage. (10a)
Art. 64. Upon being advised of any alleged impediment to
the marriage, the local civil registrar shall forthwith make
an investigation, examining persons under oath. If he is
convicted that there is an impediment to the marriage, it
shall be his duty to withhold the marriage license, unless
he is otherwise ordered by a competent court. (n)
Art. 65. The local civil registrar shall demand the previous
payment of fees required by law or regulations for each
license issued. No other sum shall be collected, in the
nature of a fee or tax of any kind, for the issuance of a
marriage license. Marriage licenses shall be issued free of
charge to indigent parties, when both male and female do
not each own assessed real property in excess of five
hundred pesos, a fact certified to, without cost, by the
provincial treasurer, or in the absence thereof, by a
statement duly sworn to by the contracting parties before
the local civil registrar. The license shall be valid in any
part of the Philippines; but it shall be good for no more
than one hundred and twenty days from the date on which
it is issued and shall be deemed canceled at the expiration
of said period if the interested parties have not made use of
it. (11a)
Art. 66. When either or both of the contracting parties are
citizens or subjects of a foreign country, it shall be
necessary, before a marriage license can be obtained, to
provide themselves with a certificate of legal capacity to
contract marriage, to be issued by their respective
diplomatic or consular officials. (13a)
Art. 67. The marriage certificate in which the contracting
parties shall state that they take each other as husband and
wife, shall also contain:
(1) The full names and domiciles of the contracting
parties;
(2) The age of each;
(3) A statement that the proper marriage license
has been issued according to law and that the
contracting parties have the consent of their
parents in case the male is under twenty or the
female under eighteen years of age; and
(4) A statement that the guardian or parent has
been informed of the marriage, if the male is
between the ages of twenty and twenty-five years,
and the female between eighteen and twenty-three
years of age. (15a)
Art. 68. It shall be the duty of the person solemnizing the
marriage to furnish to either of the contracting parties one
of the three copies of the marriage contract referred to in
Article 55, and to send another copy of the document not
later than fifteen days after the marriage took place to the
local civil registrar concerned, whose duty it shall be to
issue the proper receipt to any person sending a marriage
contract solemnized by him, including marriages of an
exceptional character. The official, priest, or minister
solemnizing the marriage shall retain the third copy of the
marriage contract, the marriage license and the affidavit of
the interested party regarding the solemnization of the
marriage in a place other than those mentioned in Article
57 if there be any such affidavit, in the files that he must
keep. (16a)
Art. 69. It shall be the duty of the local civil registrar to
prepare the documents required by this Title, and to
administer oaths to all interested parties without any
charge in both cases.
The documents and affidavits filed in connection with
applications for marriage licenses shall be exempt from the
documentary stamp tax. (17a)
Art. 70. The local civil registrar concerned shall enter all
applications for marriage licenses filed with him in a
register book strictly in the order in which the same shall
be received. He shall enter in said register the names of the
applicants, the date on which the marriage license was
issued, and such other data as may be necessary. (18a)
Art. 71. All marriages performed outside the Philippines in
accordance with the laws in force in the country where they
were performed, and valid there as such, shall also be valid
in this country, except bigamous, polygamous, or
incestuous marriages as determined by Philippine law.
(19a)
CHAPTER 2
MARRIAGES OF EXCEPTIONAL CHARACTER
Art. 72. In case either of the contracting parties is on the
point of death or the female has her habitual residence at a
place more than fifteen kilometers distant from the
municipal building and there is no communication by
railroad or by provincial or local highways between the
former and the latter, the marriage may be solemnized
without necessity of a marriage license; but in such cases
the official, priest, or minister solemnizing it shall state in
an affidavit made before the local civil registrar or any
person authorized by law to administer oaths that the
marriage was performed in articulo mortis or at a place
more than fifteen kilometers distant from the municipal
building concerned, in which latter case he shall give the
name of the barrio where the marriage was solemnized.
The person who solemnized the marriage shall also state,
in either case, that he took the necessary steps to ascertain
the ages and relationship of the contracting parties and
that there was in his opinion no legal impediment to the
marriage at the time that it was solemnized. (20)
Art. 73. The original of the affidavit required in the last
preceding article, together with a copy of the marriage
contract, shall be sent by the person solemnizing the
marriage to the local civil registrar of the municipality
where it was performed within the period of thirty days,
after the performance of the marriage. The local civil
registrar shall, however, before filing the papers, require
the payment into the municipal treasury of the legal fees
required in Article 65. (21)
Art. 74. A marriage in articulo mortis may also be
solemnized by the captain of a ship or chief of an airplane
during a voyage, or by the commanding officer of a military
unit, in the absence of a chaplain, during war. The duties
mentioned in the two preceding articles shall be complied
with by the ship captain, airplane chief or commanding
officer. (n)
Art. 75. Marriages between Filipino citizens abroad may be
solemnized by consuls and vice-consuls of the Republic of
the Philippines. The duties of the local civil registrar and of
a judge or justice of the peace or mayor with regard to the
celebration of marriage shall be performed by such consuls
and vice-consuls. (n)
Art. 76. No marriage license shall be necessary when a man
and a woman who have attained the age of majority and
who, being unmarried, have lived together as husband and
wife for at least five years, desire to marry each other. The
contracting parties shall state the foregoing facts in an
affidavit before any person authorized by law to administer
oaths. The official, priest or minister who solemnized the
marriage shall also state in an affidavit that he took steps
to ascertain the ages and other qualifications of the
contracting parties and that he found no legal impediment
to the marriage. (n)
Art. 77. In case two persons married in accordance with
law desire to ratify their union in conformity with the
regulations, rites, or practices of any church, sect, or
religion it shall no longer be necessary to comply with the
requirements of Chapter 1 of this Title and any ratification
made shall merely be considered as a purely religious
ceremony. (23)
Art. 78. Marriages between Mohammedans or pagans who
live in the non-Christian provinces may be performed in
accordance with their customs, rites or practices. No
marriage license or formal requisites shall be necessary.
Nor shall the persons solemnizing these marriages be
obliged to comply with Article 92.
However, twenty years after approval of this Code, all
marriages performed between Mohammedans or pagans
shall be solemnized in accordance with the provisions of
this Code. But the President of the Philippines, upon
recommendation of the Secretary of the Interior, may at
any time before the expiration of said period, by
proclamation, make any of said provisions applicable to
the Mohammedan and non-Christian inhabitants of any of
the non-Christian provinces. (25a)
Art. 79. Mixed marriages between a Christian male and a
Mohammedan or pagan female shall be governed by the
general provision of this Title and not by those of the last
preceding article, but mixed marriages between a
Mohammedan or pagan male and a Christian female may
be performed under the provisions of the last preceding
article if so desired by the contracting parties, subject,
however, in the latter case to the provisions of the second
paragraph of said article. (26)
CHAPTER 3
 VOID AND VOIDABLE MARRIAGES
Art. 80. The following marriages shall be void from the
beginning:
(1) Those contracted under the ages of sixteen and
fourteen years by the male and female
respectively, even with the consent of the parents;
(2) Those solemnized by any person not legally
authorized to perform marriages;
(3) Those solemnized without a marriage license,
save marriages of exceptional character;
(4) Bigamous or polygamous marriages not falling
under Article 83, Number 2;
(5) Incestuous marriages mentioned in Article 81;
(6) Those where one or both contracting parties
have been found guilty of the killing of the spouse
of either of them;
(7) Those between stepbrothers and stepsisters
and other marriages specified in Article 82. (n)
Art. 81. Marriages between the following are incestuous
and void from their performance, whether the relationship
between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any
degree;
(2) Between brothers and sisters, whether of the
full or half blood;
(3) Between collateral relatives by blood within the
fourth civil degree. (28a)
Art. 82. The following marriages shall also be void from
the beginning:
(1) Between stepfathers and stepdaughters, and
stepmothers and stepsons;
(2) Between the adopting father or mother and the
adopted, between the latter and the surviving
spouse of the former, and between the former and
the surviving spouse of the latter;
(3) Between the legitimate children of the adopter
and the adopted. (28a)
Art. 83. Any marriage subsequently contracted by any
person during the lifetime of the first spouse of such
person with any person other than such first spouse shall
be illegal and void from its performance, unless:
(1) The first marriage was annulled or dissolved; or
(2) The first spouse had been absent for seven
consecutive years at the time of the second
marriage without the spouse present having news
of the absentee being alive, or if the absentee,
though he has been absent for less than seven
years, is generally considered as dead and believed
to be so by the spouse present at the time of
contracting such subsequent marriage, or if the
absentee is presumed dead according to Articles
390 and 391. The marriage so contracted shall be
valid in any of the three cases until declared null
and void by a competent court. (29a)
Art. 84. No marriage license shall be issued to a widow till
after three hundred days following the death of her
husband, unless in the meantime she has given birth to a
child. (n)
Art. 85. A marriage may be annulled for any of the
following causes, existing at the time of the marriage:
(1) That the party in whose behalf it is sought to
have the marriage annulled was between the ages
of sixteen and twenty years, if male, or between
the ages of fourteen and eighteen years, if female,
and the marriage was solemnized without the
consent of the parent, guardian or person having
authority over the party, unless after attaining the
ages of twenty or eighteen years, as the case may
be, such party freely cohabited with the other and
both lived together as husband and wife;
(2) In a subsequent marriage under Article 83,
Number 2, that the former husband or wife
believed to be dead was in fact living and the
marriage with such former husband or wife was
then in force;
(3) That either party was of unsound mind, unless
such party, after coming to reason, freely
cohabited with the other as husband or wife;
(4) That the consent of either party was obtained
by fraud, unless such party afterwards, with full
knowledge of the facts constituting the fraud,
freely cohabited with the other as her husband or
his wife, as the case may be;
(5) That the consent of either party was obtained
by force or intimidation, unless the violence or
threat having disappeared, such party afterwards
freely cohabited with the other as her husband or
his wife, as the case may be;
(6) That either party was, at the time of marriage,
physically incapable of entering into the married
state, and such incapacity continues, and appears
to be incurable. (30a)
Art. 86. Any of the following circumstances shall constitute
fraud referred to in Number 4 of the preceding article:
 (1) Misrepresentation as to the identity of one of
the contracting parties;
(2) Non-disclosure of the previous conviction of
the other party of a crime involving moral
turpitude, and the penalty imposed was
imprisonment for two years or more;
(3) Concealment by the wife of the fact that at the
time of the marriage, she was pregnant by a man
other than her husband.
No other misrepresentation or deceit as to character, rank,
fortune or chastity shall constitute such fraud as will give
grounds for action for the annulment of marriage. (n)
Art. 87. The action for annulment of marriage must be
commenced by the parties and within the periods as
follows:
(1) For causes mentioned in Number 1 of Article
85, by the party whose parent or guardian did not
give his or her consent, within four years after
attaining the age of twenty or eighteen years, as
the case may be; or by the parent or guardian or
person having legal charge, at any time before such
party has arrived at the age of twenty or eighteen
years;
(2) For causes mentioned in Number 2 of Article
85, by the spouse who has been absent, during his
or her lifetime; or by either spouse of the
subsequent marriage during the lifetime of the
other;
(3) For causes mentioned in Number 3 of Article
85, by the sane spouse, who had no knowledge of
the other's insanity; or by any relative or guardian
of the party of unsound mind, at any time before
the death of either party;
(4) For causes mentioned in Number 4, by the
injured party, within four years after the discovery
of the fraud;
(5) For causes mentioned in Number 5, by the
injured party, within four years from the time the
force or intimidation ceased;
(6) For causes mentioned in Number 6, by the
injured party, within eight years after the
marriage. (31a)
Art. 88. No judgment annulling a marriage shall be
promulgated upon a stipulation of facts or by confession of
judgment.
Art. 89. Children conceived or born of marriages which are
void from the beginning shall have the same status, rights
and obligations as acknowledged natural children, and are
called natural children by legal fiction.
Children conceived of voidable marriages before the decree
of annulment shall be considered as legitimate; and
children conceived thereafter shall have the same status,
rights and obligations as acknowledged natural children,
and are also called natural children by legal fiction. (n)
Art. 90. When a marriage is annulled, the court shall
award the custody of the children as it may deem best, and
make provision for their education and support. Attorney's
fees and expenses incurred in the litigation shall be
charged to the conjugal partnership property, unless the
action fails. (33a)
Art. 91. Damages may be awarded in the following cases
when the marriage is judicially annulled or declared void
from the beginning:
(1) If there has been fraud, force or intimidation in
obtaining the consent of one of the contracting
parties;
(2) If either party was, at the time of the marriage,
physically incapable of entering into the married
state, and the other party was unaware thereof;
(3) If the person solemnizing the marriage was not
legally authorized to perform marriages, and that
fact was known to one of the contracting parties,
but he or she concealed it from the other;
(4) If a bigamous or polygamous marriage was
celebrated, and the impediment was concealed
from the plaintiff by the party disqualified;
(5) If in an incestuous marriage, or a marriage
between a stepbrother and a stepsister or other
marriage prohibited by article 82, the relationship
was known to only one of the contracting parties
but was not disclosed to the other;
(6) If one party was insane and the other was
aware thereof at the time of the marriage. (n)
CHAPTER 4
AUTHORITY TO SOLEMNIZE MARRIAGES
Art. 92. Every priest, or minister, or rabbi authorized by
his denomination, church, sect, or religion to solemnize
marriage shall send to the proper government office a
sworn statement setting forth his full name and domicile,
and that he is authorized by his denomination, church,
sect, or religion to solemnize marriage, attaching to said
statement a certified copy of his appointment. The director
of the proper government office, upon receiving such
sworn statement containing the information required, and
being satisfied that the denomination, church, sect, or
region of the applicant operates in the Philippines, shall
record the name of such priest or minister in a suitable
register and issue to him an authorization to solemnize
marriage. Said priest or minister or rabbi shall be obliged
to exhibit his authorization to the contracting parties, to
their parents, grandparents, guardians, or persons in
charge demanding the same. No priest or minister not
having the required authorization may solemnize
marriage. (34a)
Art. 93. Freedom of religion shall be observed by public
officials in the issuance of authorization to solemnize
marriages. Consequently, no public official shall attempt to
inquire into the truth or validity of any religious doctrine
held by the applicant or by his church. (n)
Art. 94. The public official in charge of registration of
priests and ministers shall cancel the authorization issued
to a bishop, head, priest, rabbi, pastor or minister of the
gospel of any denomination, church, sect, or religion, on
his own initiative or at the request of any interested party,
upon showing that the church, sect or religion whose
ministers have been authorized to solemnize marriage is
no longer in operation. The cancellation of the
authorization granted to a priest, pastor or minister shall
likewise be ordered upon the request of the bishop, head,
or lawful authorities of the denomination, church, sect or
religion to which he belongs. (35a)
Art. 95. The public official in charge of registration of
priests and ministers, with the approval of the proper head
of Department, is hereby authorized to prepare the
necessary forms and to promulgate regulations for the
purpose of enforcing the provisions of this Title. Said
official may also by regulations fix and collect fees for the
authorization of priests and ministers to solemnize
marriages. (36a)
Art. 96. The existing laws which punish acts or omissions
concerning the marriage license, solemnization of
marriage, authority to solemnize marriages, and other acts
or omissions relative to the celebration of marriage shall
remain and continue to be in force. (n)
Title IV. - LEGAL SEPARATION
Art. 97. A petition for legal separation may be filed:
(1) For adultery on the part of the wife and for
concubinage on the part of the husband as defined
in the Penal Code; or
(2) An attempt by one spouse against the life of the
other. (n)
Art. 98. In every case the court must take steps, before
granting the legal separation, toward the reconciliation of
the spouses, and must be fully satisfied that such
reconciliation is highly improbable. (n)
Art. 99. No person shall be entitled to a legal separation
who has not resided in the Philippines for one year prior to
the filing of the petition, unless the cause for the legal
separation has taken place within the territory of this
Republic. (Sec. 2a, Act No. 2710)
Art. 100. The legal separation may be claimed only by the
innocent spouse, provided there has been no condonation
of or consent to the adultery or concubinage. Where both
spouses are offenders, a legal separation cannot be claimed
by either of them. Collusion between the parties to obtain
legal separation shall cause the dismissal of the petition.
(3a, Act No. 2710)
Art. 101. No decree of legal separation shall be
promulgated upon a stipulation of facts or by confession of
judgment.
In case of non-appearance of the defendant, the court shall
order the prosecuting attorney to inquire whether or not a
collusion between the parties exists. If there is no
collusion, the prosecuting attorney shall intervene for the
State in order to take care that the evidence for the plaintiff
is not fabricated. (n)
Art. 102. An action for legal separation cannot be filed
except within one year from and after the date on which
the plaintiff became cognizant of the cause and within five
years from and after the date when such cause occurred.
(4a, Act 2710)
Art. 103. An action for legal separation shall in no case be
tried before six months shall have elapsed since the filing
of the petition. (5a, Act 2710)
Art. 104. After the filing of the petition for legal separation,
the spouses shall be entitled to live separately from each
other and manage their respective property.
The husband shall continue to manage the conjugal
partnership property but if the court deems it proper, it
may appoint another to manage said property, in which
case the administrator shall have the same rights and
duties as a guardian and shall not be allowed to dispose of
the income or of the capital except in accordance with the
orders of the court. (6, Act 2710)
Art. 105. During the pendency of legal separation
proceedings the court shall make provision for the care of
the minor children in accordance with the circumstances
and may order the conjugal partnership property or the
income therefrom to be set aside for their support; and in
default thereof said minor children shall be cared for in
conformity with the provisions of this Code; but the Court
shall abstain from making any order in this respect in case
the parents have by mutual agreement, made provision for
the care of said minor children and these are, in the
judgment of the court, well cared for. (7a, Act 2710)
Art. 106. The decree of legal separation shall have the
following effects:
(1) The spouses shall be entitled to live separately
from each other, but marriage bonds shall not be
severed;
(2) The conjugal partnership of gains or the
absolute conjugal community of property shall be
dissolved and liquidated, but the offending spouse
shall have no right to any share of the profits
earned by the partnership or community, without
prejudice to the provisions of Article 176;
(3) The custody of the minor children shall be
awarded to the innocent spouse, unless otherwise
directed by the court in the interest of said minors,
for whom said court may appoint a guardian;
(4) The offending spouse shall be disqualified from
inheriting from the innocent spouse by intestate
succession. Moreover, provisions in favor of the
offending spouse made in the will of the innocent
one shall be revoked by operation of law. (n)
Art. 107. The innocent spouse, after a decree of legal
separation has been granted, may revoke the donations by
reason of marriage made by him or by her to the offending
spouse. Alienation and mortgages made before the
notation of the complaint for revocation in the Registry of
Property shall be valid.
This action lapses after four years following the date the
decree became final. (n)
Art. 108. Reconciliation stops the proceedings for legal
separation and rescinds the decree of legal separation
already rendered.
The revival of the conjugal partnership of gains or of the
absolute conjugal community of property shall be
governed by Article 195. (10a. Act 2710)
Title V. - RIGHTS AND OBLIGATIONS
BETWEEN HUSBAND AND WIFE
Art. 109. The husband and wife are obliged to live together,
observe mutual respect and fidelity, and render mutual
help and support. (56a)
Art. 110. The husband shall fix the residence of the family.
But the court may exempt the wife from living with the
husband if he should live abroad unless in the service of
the Republic. (58a)
Art. 111. The husband is responsible for the support of the
wife and the rest of the family. These expenses shall be met
first from the conjugal property, then from the husband's
capital, and lastly from the wife's paraphernal property. In
case there is a separation of property, by stipulation in the
marriage settlements, the husband and wife shall
contribute proportionately to the family expenses. (n)
Art. 112. The husband is the administrator of the conjugal
property, unless there is a stipulation in the marriage
settlements conferring the administration upon the wife.
She may also administer the conjugal partnership in other
cases specified in this Code. (n)
Art. 113. The husband must be joined in all suits by or
against the wife, except:
(1) When they are judicially separated;
(2) If they have in fact been separated for at least
one year;
(3) When there is a separation of property agreed
upon in the marriage settlements;
(4) If the administration of all the property in the
marriage has been transferred to her, in
accordance with Articles 196 and 197;
(5) When the litigation is between the husband
and wife;
(6) If the suit concerns her paraphernal property;
(7) When the action is upon the civil liability
arising from a criminal offense;
(8) If the litigation is incidental to the profession,
occupation or business in which she is engaged;
(9) In any civil action referred to in Articles 25 to
35; and
(10) In an action upon a quasi-delict.
In the cases mentioned in Nos. 7 to 10, the
husband must be joined as a party defendant if the
third paragraph of Article 163 is applicable. (n)
Art. 114. The wife cannot, without the husband's consent
acquire any property by gratuitous title, except from her
ascendants, descendants, parents-in-law, and collateral
relatives within the fourth degree. (n)
Art. 115. The wife manages the affairs of the household.
She may purchase things necessary for the support of the
family, and the conjugal partnership shall be bound
thereby. She may borrow money for this purpose, if the
husband fails to deliver the proper sum. The purchase of
jewelry and precious objects is voidable, unless the
transaction has been expressly or tacitly approved by the
husband, or unless the price paid is from her paraphernal
property. (62a)
Art. 116. When one of the spouses neglects his or her duties
to the conjugal union or brings danger, dishonor or
material injury upon the other, the injured party may apply
to the court for relief.
The court may counsel the offender to comply with his or
her duties, and take such measures as may be proper. (n)
Art. 117. The wife may exercise any profession or
occupation or engage in business. However, the husband
may object, provided:
(1) His income is sufficient for the family,
according to its social standing, and
(2) His opposition is founded on serious and valid
grounds.
In case of disagreement on this question, the parents and
grandparents as well as the family council, if any, shall be
consulted. If no agreement is still arrived at, the court will
decide whatever may be proper and in the best interest of
the family. (n)
Title VI. - PROPERTY RELATIONS
BETWEEN HUSBAND AND WIFE
CHAPTER 1
GENERAL PROVISIONS
Art. 118. The property relations between husband and wife
shall be governed in the following order:
(1) By contract executed before the marriage;
(2) By the provisions of this Code; and
(3) By custom. (1315a)
Art. 119. The future spouses may in the marriage
settlements agree upon absolute or relative community of
property, or upon complete separation of property, or
upon any other regime. In the absence of marriage
settlements, or when the same are void, the system of
relative community or conjugal partnership of gains as
established in this Code, shall govern the property
relations between husband and wife. (n)
Art. 120. A minor who according to law may contract
marriage, may also execute his or her marriage
settlements; but they shall be valid only if the persons
designated by law to give consent to the marriage of the
minor take part in the ante-nuptial agreement. In the
absence of the parents or of a guardian, the consent to the
marriage settlements will be given by the family council.
(1318a)
Art. 121. In order that any modification in the marriage
settlements may be valid, it must be made before the
celebration of the marriage, subject to the provisions of
Article 191. (1319a)
Art. 122. The marriage settlements and any modification
thereof shall be governed by the Statute of Frauds, and
executed before the celebration of the marriage. They shall
not prejudice third persons unless they are recorded in the
Registry of Property. (1321a)
Art. 123. For the validity of marriage settlements executed
by any person upon whom a sentence of civil interdiction
has been pronounced, the presence and participation of
the guardian shall be indispensable, who for this purpose
shall be designated by a competent court, in accordance
with the provisions of the Rules of Court. (1323a)
Art. 124. If the marriage is between a citizen of the
Philippines and a foreigner, whether celebrated in the
Philippines or abroad, the following rules shall prevail:
(1) If the husband is a citizen of the Philippines
while the wife is a foreigner, the provisions of this
Code shall govern their relations;
(2) If the husband is a foreigner and the wife is a
citizen of the Philippines, the laws of the husband's
country shall be followed, without prejudice to the
provisions of this Code with regard to immovable
property. (1325a)
Art. 125. Everything stipulated in the settlements or
contracts referred to in the preceding articles in
consideration of a future marriage shall be rendered void
and without effect whatever, if the marriage should not
take place. However, those stipulations that do not depend
upon the celebration of the marriage shall be valid. (1326a)
CHAPTER 2
DONATIONS BY REASON OF MARRIAGE
Art. 126. Donations by reasons of marriage are those which
are made before its celebration, in consideration of the
same and in favor of one or both of the future spouses.
(1327)
Art. 127. These donations are governed by the rules on
ordinary donations established in Title III of Book III,
except as to their form which shall be regulated by the
Statute of Frauds; and insofar as they are not modified by
the following articles. (1328a)
Art. 128. Minors may make and receive donations in their
ante-nuptial contract, provided they are authorized by the
persons who are to give their consent to the marriage of
said minors. (1329a)
Art. 129. Express acceptance is not necessary for the
validity of these donations. (1330)
Art. 130. The future spouses may give each other in their
marriage settlements as much as one-fifth of their present
property, and with respect to their future property, only in
the event of death, to the extent laid down by the
provisions of this Code referring to testamentary
succession. (1331a)
Art. 131. The donor by reason of marriage shall release the
property donated from mortgages and all other
encumbrances upon the same, with the exception of
easements, unless in the marriage settlements or in the
contracts the contrary has been stipulated. (1332a)
Art. 132. A donation by reason of marriage is not
revocable, save in the following cases:
(1) If it is conditional and the condition is not
complied with;
(2) If the marriage is not celebrated;
(3) When the marriage takes place without the
consent of the parents or guardian, as required by
law;
(4) When the marriage is annulled, and the donee
acted in bad faith;
(5) Upon legal separation, the donee being the
guilty spouse;
(6) When the donee has committed an act of
ingratitude as specified by the provisions of this
Code on donations in general. (1333a)
Art. 133. Every donation between the spouses during the
marriage shall be void. This prohibition does not apply
when the donation takes effect after the death of the donor.
Neither does this prohibition apply to moderate gifts which
the spouses may give each other on the occasion of any
family rejoicing. (1334a)
Art. 134. Donations during the marriage by one of the
spouses to the children whom the other spouse had by
another marriage, or to persons of whom the other spouse
is a presumptive heir at the time of the donation are
voidable, at the instance of the donor's heirs after his
death. (1335a)
CHAPTER 3
PARAPHERNAL PROPERTY
Art. 135. All property brought by the wife to the marriage,
as well as all property she acquires during the marriage, in
accordance with article 148, is paraphernal. (1381a)
Art. 136. The wife retains the ownership of the paraphernal
property. (1382)
Art. 137. The wife shall have the administration of the
paraphernal property, unless she delivers the same to the
husband by means of a public instrument empowering him
to administer it.
In this case, the public instrument shall be recorded in the
Registry of Property. As for the movables, the husband
shall give adequate security. (1384a)
Art. 138. The fruits of the paraphernal property form part
of the assets of the conjugal partnership, and shall be
subject to the payment of the expenses of the marriage.
The property itself shall also be subject to the daily
expenses of the family, if the property of the conjugal
partnership and the husband's capital are not sufficient
therefor. (1385a)
Art. 139. The personal obligations of the husband can not
be enforced against the fruits of the paraphernal property,
unless it be proved that they redounded to the benefit of
the family. (1386)
Art. 140. A married woman of age may mortgage,
encumber, alienate or otherwise dispose of her
paraphernal property, without the permission of the
husband, and appear alone in court to litigate with regard
to the same. (n)
Art. 141. The alienation of any paraphernal property
administered by the husband gives a right to the wife to
require the constitution of a mortgage or any other security
for the amount of the price which the husband may have
received. (1390a)
CHAPTER 4
CONJUGAL PARTNERSHIP OF GAINS
SECTION 1. - General Provisions
Art. 142. By means of the conjugal partnership of gains the
husband and wife place in a common fund the fruits of
their separate property and the income from their work or
industry, and divide equally, upon the dissolution of the
marriage or of the partnership, the net gains or benefits
obtained indiscriminately by either spouse during the
marriage. (1392a)
Art. 143. All property of the conjugal partnership of gains
is owned in common by the husband and wife. (n)
Art. 144. When a man and a woman live together as
husband and wife, but they are not married, or their
marriage is void from the beginning, the property acquired
by either or both of them through their work or industry or
their wages and salaries shall be governed by the rules on
co-ownership. (n)
Art. 145. The conjugal partnership shall commence
precisely on the date of the celebration of the marriage.
Any stipulation to the contrary shall be void. (1393)
Art. 146. Waiver of the gains or of the effects of this
partnership during marriage cannot be made except in
case of judicial separation.
When the waiver takes place by reason of separation, or
after the marriage has been dissolved or annulled, the
same shall appear in a public instrument, and the creditors
shall have the right which Article 1052 grants them.
(1394a)
Art. 147. The conjugal partnership shall be governed by the
rules on the contract of partnership in all that is not in
conflict with what is expressly determined in this Chapter.
(1395)
SECTION 2. - Exclusive Property of Each Spouse
Art. 148. The following shall be the exclusive property of
each spouse:
(1) That which is brought to the marriage as his or
her own;
(2) That which each acquires, during the marriage,
by lucrative title;
(3) That which is acquired by right of redemption
or by exchange with other property belonging to
only one of the spouses;
(4) That which is purchased with exclusive money
of the wife or of the husband. (1396)
Art. 149. Whoever gives or promises capital to the husband
shall not be subject to warranty against eviction, except in
case of fraud. (1937)
Art. 150. Property donated or left by will to the spouses,
jointly and with designation of determinate shares, shall
pertain to the wife as paraphernal property, and to the
husband as capital, in the proportion specified by the
donor or testator, and in the absence of designation, share
and share alike, without prejudice to what is provided in
Article 753. (1398a)
Art. 151. If the donations are onerous, the amount of the
charges shall be deducted from the paraphernal property
or from the husband's capital, whenever they have been
borne by the conjugal partnership. (1399a)
Art. 152. If some credit payable in a certain number of
years, or a life pension, should pertain to one of the
spouses, the provisions of Articles 156 and 157 shall be
observed to determine what constitutes the paraphernal
property and what forms the capital of the husband.
(1400a)
SECTION 3. - Conjugal Partnership Property
Art. 153. The following are conjugal partnership property:
(1) That which is acquired by onerous title during
the marriage at the expense of the common fund,
whether the acquisition be for the partnership, or
for only one of the spouses;
(2) That which is obtained by the industry, or
work, or as salary of the spouses, or of either of
them;
(3) The fruits, rents or interests received or due
during the marriage, coming from the common
property or from the exclusive property of each
spouse. (1401)
Art. 154. That share of the hidden treasure which the law
awards to the finder or the proprietor belongs to the
conjugal partnership. (n)
Art. 155. Things acquired by occupation, such as fishing
and hunting, pertain to the conjugal partnership of gains.
(n)
Art. 156. Whenever an amount or credit payable in a
certain number of years belongs to one of the spouses, the
sums which may be collected by installments due during
the marriage shall not pertain to the conjugal partnership,
but shall be considered capital of the husband or of the
wife, as the credit may belong to one or the other spouse.
(1402)
Art. 157. The right to an annuity, whether perpetual or of
life, and the right of usufruct, belonging to one of the
spouses shall form a part of his or her separate property,
but the fruits, pensions and interests due during the
marriage shall belong to the partnership.
The usufruct which the spouses have over the property of
their children, though of another marriage, shall be
included in this provision. (1403a)
Art. 158. Improvements, whether for utility or adornment,
made on the separate property of the spouses through
advancements from the partnership or through the
industry of either the husband or the wife, belong to the
conjugal partnership.
Buildings constructed, at the expense of the partnership,
during the marriage on land belonging to one of the
spouses, also pertain to the partnership, but the value of
the land shall be reimbursed to the spouse who owns the
same. (1404a)
Art. 159. Whenever the paraphernal property or the
husband's capital consists, in whole or in part, of livestock
existing upon the dissolution of the partnership, the
number of animals exceeding that brought to the marriage
shall be deemed to be of the conjugal partnership. (1405a)
Art. 160. All property of the marriage is presumed to
belong to the conjugal partnership, unless it be proved that
it pertains exclusively to the husband or to the wife. (1407)
SECTION 4. - Charges Upon and Obligation
of the Conjugal Partnership
Art. 161. The conjugal partnership shall be liable for:
(1) All debts and obligations contracted by the
husband for the benefit of the conjugal
partnership, and those contracted by the wife, also
for the same purpose, in the cases where she may
legally bind the partnership;
(2) Arrears or income due, during the marriage,
from obligations which constitute a charge upon
property of either spouse or of the partnership;
(3) Minor repairs or for mere preservation made
during the marriage upon the separate property of
either the husband or the wife; major repairs shall
not be charged to the partnership;
(4) Major or minor repairs upon the conjugal
partnership property;
(5) The maintenance of the family and the
education of the children of both husband and
wife, and of legitimate children of one of the
spouses;
(6) Expenses to permit the spouses to complete a
professional, vocational or other course. (1408a)
Art. 162. The value of what is donated or promised to the
common children by the husband, only for securing their
future or the finishing of a career, or by both spouses
through a common agreement, shall also be charged to the
conjugal partnership, when they have not stipulated that it
is to be satisfied from the property of one of them, in whole
or in part. (1409)
Art. 163. The payment of debts contracted by the husband
or the wife before the marriage shall not be charged to the
conjugal partnership.
Neither shall the fines and pecuniary indemnities imposed
upon them be charged to the partnership.
However, the payment of debts contracted by the husband
or the wife before the marriage, and that of fines and
indemnities imposed upon them, may be enforced against
the partnership assets after the responsibilities
enumerated in Article 161 have been covered, if the spouse
who is bound should have no exclusive property or if it
should be insufficient; but at the time of the liquidation of
the partnership such spouse shall be charged for what has
been paid for the purpose above-mentioned. (1410)
Art. 164. Whatever may be lost during the marriage in any
kind of gambling, betting or game, whether permitted or
prohibited by law, shall be borne by the loser, and shall not
be charged to the conjugal partnership. (1411a)
SECTION 5. - Administration of the Conjugal
Partnership
Art. 165. The husband is the administrator of the conjugal
partnership. (1412a)
Art. 166. Unless the wife has been declared a non compos
mentis or a spendthrift, or is under civil interdiction or is
confined in a leprosarium, the husband cannot alienate or
encumber any real property of the conjugal partnership
without the wife's consent. If she refuses unreasonably to
give her consent, the court may compel her to grant the
same.
This article shall not apply to property acquired by the
conjugal partnership before the effective date of this Code.
(1413a)
Art. 167. In case of abuse of powers of administration of
the conjugal partnership property by the husband, the
courts, on petition of the wife, may provide for
receivership, or administration by the wife, or separation
of property. (n)
Art. 168. The wife may, by express authority of the
husband embodied in a public instrument, administer the
conjugal partnership property. (n)
Art. 169. The wife may also by express authority of the
husband appearing in a public instrument, administer the
latter's estate. (n)
Art. 170. The husband or the wife may dispose by will of
his or her half of the conjugal partnership profits. (1414a)
Art. 171. The husband may dispose of the conjugal
partnership property for the purposes specified in Articles
161 and 162. (1415a)
Art. 172. The wife cannot bind the conjugal partnership
without the husband's consent except in cases provided by
law. (1416a)
Art. 173. The wife may, during the marriage, and within ten
years from the transaction questioned, ask the courts for
the annulment of any contract of the husband entered into
without her consent, when such consent is required, or any
act or contract of the husband which tends to defraud her
or impair her interest in the conjugal partnership property.
Should the wife fail to exercise this right, she or her heirs,
after the dissolution of the marriage, may demand the
value of property fraudulently alienated by the husband.
(n)
Art. 174. With the exception of moderate donations for
charity, neither husband nor wife can donate any property
of the conjugal partnership without the consent of the
other. (n)
SECTION 6. - Dissolution of the Conjugal
Partnership
Art. 175. The conjugal partnership of gains terminates:
(1) Upon the death of either spouse;
(2) When there is a decree of legal separation;
(3) When the marriage is annulled;
(4) In case of judicial separation of property under
Article 191. (1417a)
Art. 176. In case of legal separation, the guilty spouse shall
forfeit his or her share of the conjugal partnership profits,
which shall be awarded to the children of both, and the
children of the guilty spouse had by a prior marriage.
However, if the conjugal partnership property came mostly
or entirely from the work or industry, or from the wages
and salaries, or from the fruits of the separate property of
the guilty spouse, this forfeiture shall not apply.
In case there are no children, the innocent spouse shall be
entitled to all the net profits. (n)
Art. 177. In case of annulment of the marriage, the spouse
who acted in bad faith or gave cause for annulment shall
forfeit his or her share of the conjugal partnership profits.
The provision of the preceding article shall govern. (n)
Art. 178. The separation in fact between husband and wife
without judicial approval, shall not affect the conjugal
partnership, except that:
(1) The spouse who leaves the conjugal home or
refuses to live therein, without just cause, shall not
have a right to be supported;
(2) When the consent of one spouse to any
transaction of the other is required by law, judicial
authorization shall be necessary;
(3) If the husband has abandoned the wife without
just cause for at least one year, she may petition
the court for a receivership, or administration by
her of the conjugal partnership property, or
separation of property. (n)
SECTION 7. - Liquidation of the Conjugal
Partnership
Art. 179. Upon the dissolution of the conjugal partnership,
an inventory shall be formed, but such inventory shall not
be necessary:
(1) If, after the dissolution of the partnership, one
of the spouses should have renounced its effects
and consequences in due time; or
(2) When separation of property has preceded the
dissolution of the partnership. (1418a)
Art. 180. The bed and bedding which the spouses
ordinarily use shall not be included in the inventory. These
effects, as well as the clothing for their ordinary use, shall
be delivered to the surviving spouse. (1420)
Art. 181. The inventory having been completed, the
paraphernal property shall first be paid. Then, the debts
and charges against the conjugal partnership shall be paid.
(1422a)
Art. 182. The debts, charges and obligations of the conjugal
partnership having been paid; the capital of the husband
shall be liquidated and paid to the amount of the property
inventoried. (1423a)
Art. 183. The deductions from the inventoried property
having been made as provided in the two preceding
articles, the remainder of said property shall constitute the
credit of the conjugal partnership. (1424)
Art. 184. The loss or deterioration of the movables
belonging to either spouse, although through fortuitous
event, shall be paid from the conjugal partnership of gains,
should there be any.
Those suffered by real property shall not be reimbursable
in any case, except those on paraphernal property
administered by the husband, when the losses were due to
his fault. He shall pay for the same. (1425a)
Art. 185. The net remainder of the conjugal partnership of
gains shall be divided equally between the husband and the
wife or their respective heirs, unless a different basis of
division was agreed upon in the marriage settlements.
(1426a)
Art. 186. The mourning apparel of the widow shall be paid
for out of the estate of the deceased husband. (1427a)
Art. 187. With regard to the formation of the inventory,
rules for appraisal and sale of property of the conjugal
partnership, and other matters which are not expressly
determined in the present Chapter, the Rules of Court on
the administration of estates of deceased persons shall be
observed. (1428a)
Art. 188. From the common mass of property support shall
be given to the surviving spouse and to the children during
the liquidation of the inventoried property and until what
belongs to them is delivered; but from this shall be
deducted that amount received for support which exceeds
the fruits or rents pertaining to them. (1430)
Art. 189. Whenever the liquidation of the partnership of
two or more marriages contracted by the same person
should be carried out at the same time, in order to
determine the capital of each partnership all kinds of proof
in the absence of inventories shall be admitted; and in case
of doubt, the partnership property shall be divided
between the different partnerships in proportion to the
duration of each and to the property belonging to the
respective spouses. (1431)
CHAPTER 5
SEPARATION OF PROPERTY OF THE SPOUSES
AND ADMINISTRATION OF PROPERTY
BY THE WIFE DURING THE MARRIAGE
Art. 190. In the absence of an express declaration in the
marriage settlements, the separation of property between
spouses during the marriage shall not take place save in
virtue of a judicial order. (1432a)
Art. 191. The husband or the wife may ask for the
separation of property, and it shall be decreed when the
spouse of the petitioner has been sentenced to a penalty
which carries with it civil interdiction, or has been declared
absent, or when legal separation has been granted.
In case of abuse of powers of administration of the
conjugal partnership property by the husband, or in case of
abandonment by the husband, separation of property may
also be ordered by the court, according to the provisions of
Articles 167 and 178, No. 3.
In all these cases, it is sufficient to present the final
judgment which has been entered against the guilty or
absent spouse. (1433a)
The husband and the wife may agree upon the dissolution
of the conjugal partnership during the marriage, subject to
judicial approval. All the creditors of the husband and of
the wife, as well as of the conjugal partnership shall be
notified of any petition for judicial approval or the
voluntary dissolution of the conjugal partnership, so that
any such creditors may appear at the hearing to safeguard
his interests. Upon approval of the petition for dissolution
of the conjugal partnership, the court shall take such
measures as may protect the creditors and other third
persons.
After dissolution of the conjugal partnership, the
provisions of Articles 214 and 215 shall apply. The
provisions of this Code concerning the effect of partition
stated in Articles 498 to 501 shall be applicable. (1433a)
Art. 192. Once the separation of property has been
ordered, the conjugal partnership shall be dissolved, and
its liquidation shall be made in conformity with what has
been established by this Code.
However, without prejudice to the provisions of Article
292, the husband and the wife shall be reciprocally liable
for their support during the separation, and for the
support and education of their children; all in proportion
to their respective property.
The share of the spouse who is under civil interdiction or
absent shall be administered in accordance with the Rules
of Court. (1434a)
Art. 193. The complaint for separation and the final
judgment declaring the same, shall be noted and recorded
in the proper registers of property, if the judgment should
refer to immovable property. (1437)
Art. 194. The separation of property shall not prejudice the
rights previously acquired by creditors. (1438)
Art. 195. The separation of property ceases:
(1) Upon reconciliation of the spouses, in case of
legal separation;
(2) When the civil interdiction terminates;
(3) When the absent spouse appears;
(4) When the court, at the instance of the wife,
authorizes the husband to resume the
administration of the conjugal partnership, the
court being satisfied that the husband will not
again abuse his powers as an administrator;
(5) When the husband, who has abandoned the
wife, rejoins her.
In the above cases, the property relations between the
spouses shall be governed by the same rules as before the
separation, without prejudice to the acts and contracts
legally executed during the separation.
The spouses shall state, in a public document, all the
property which they return to the marriage and which shall
constitute the separate property of each.
This public document shall be recorded in the Registry of
Property.
In the cases referred to in this article, all the property
brought in shall be deemed to be newly contributed, even
though all or some may be the same which existed before
the liquidation effected by reason of the separation.
(1439a)
Art. 196. With the conjugal partnership subsisting, the
administration of all classes of property in the marriage
may be transferred by the courts to the wife:
(1) When she becomes the guardian of her
husband;
(2) When she asks for the declaration of his
absence;
(3) In case of civil interdiction of the husband.
The courts may also confer the administration to the wife,
with such limitation as they may deem advisable, if the
husband should become a fugitive from justice or be in
hiding as a defendant in a criminal case, or if, being
absolutely unable to administer, he should have failed to
provide for administration. (1441a)
Art. 197. The wife to whom the administration of all the
property of the marriage is transferred shall have, with
respect to said property, the same powers and
responsibility which the husband has when he is the
administrator, but always subject to the provisions of the
last paragraph of the preceding article. (1442a)
CHAPTER 6
SYSTEM OF ABSOLUTE COMMUNITY (n)
Art. 198. In case the future spouses agree in the marriage
settlements that the system of absolute community shall
govern their property relations during marriage, the
following provisions shall be of supplementary application.
Art. 199. In the absence of stipulation to the contrary, the
community shall consist of all present and future property
of the spouses not excepted by law.
Art. 200. Neither spouse may renounce any inheritance
without the consent of the other. In case of conflict, the
court shall decide the question, after consulting the family
council, if there is any.
Art. 201. The following shall be excluded from the
community:
(1) Property acquired by gratuitous title by either
spouse, when it is provided by the donor or
testator that it shall not become a part of the
community;
(2) Property inherited by either husband or wife
through the death of a child by a former marriage,
there being brothers or sisters of the full blood of
the deceased child;
(3) A portion of the property of either spouse
equivalent to the presumptive legitime of the
children by a former marriage;
(4) Personal belongings of either spouse.
However, all the fruits and income of the foregoing classes
of property shall be included in the community.
Art. 202. Ante-nuptial debts of either spouse shall not be
paid from the community, unless the same have
redounded to the benefit of the family.
Art. 203. Debts contracted by both spouses or by one of
them with the consent of the other shall be paid from the
community. If the common property is insufficient to cover
common debts, the same may be enforced against the
separate property of the spouses, who shall be equally
liable.
Art. 204. Debts contracted by either spouse without the
consent of the other shall be chargeable against the
community to the extent that the family may have been
benefited thereby.
Art. 205. Indemnities that must be paid by either spouse
on account of a crime or of a quasi-delict shall be paid from
the common assets, without any obligation to make
reimbursement.
Art. 206. The ownership, administration, possession and
enjoyment of the common property belong to both spouses
jointly. In case of disagreement, the courts shall settle the
difficulty.
Art. 207. Neither spouse may alienate or encumber any
common property without the consent of the other. In case
of unjustifiable refusal by the other spouse, the courts may
grant the necessary consent.
Art. 208. The absolute community of property shall be
dissolved on any of the grounds specified in Article 175.
Art. 209. When there is a separation in fact between
husband and wife, without judicial approval, the
provisions of Article 178 shall apply.
Art. 210. Upon the dissolution and liquidation of the
community, the net assets shall be divided equally between
the husband and the wife or their heirs. In case of legal
separation or annulment of marriage, the provisions of
Articles 176 and 177 shall apply to the net profits acquired
during the marriage.
Art. 211. Liquidation of the absolute community shall be
governed by the Rules of Court on the administration of
the estate of deceased persons.
CHAPTER 7
SYSTEM OF COMPLETE SEPARATION OF
PROPERTY (n)
Art. 212. Should the future spouses agree in the marriage
settlements that their property relations during marriage
shall be based upon the system of complete separation of
property, the following provisions shall supplement the
marriage settlements.
Art. 213. Separation of property may refer to present or
future property or both. It may be total or partial. In the
latter case, the property not agreed upon as separate shall
pertain to the conjugal partnership of gains.
Art. 214. Each spouse shall own, dispose of, possess,
administer and enjoy his or her own separate estate,
without the consent of the other. All earnings from any
profession, business or industry shall likewise belong to
each spouse.
Art. 215. Each spouse shall proportionately bear the family
expenses.
Title VII. - THE FAMILY (n)
CHAPTER 1
THE FAMILY AS AN INSTITUTION
Art. 216. The family is a basic social institution which
public policy cherishes and protects.
Art. 217. Family relations shall include those:
(1) Between husband and wife;
(2) Between parent and child;
(3) Among other ascendants and their
descendants;
(4) Among brothers and sisters.
Art. 218. The law governs family relations. No custom,
practice or agreement which is destructive of the family
shall be recognized or given any effect.
Art. 219. Mutual aid, both moral and material, shall be
rendered among members of the same family. Judicial and
administrative officials shall foster this mutual assistance.
Art. 220. In case of doubt, all presumptions favor the
solidarity of the family. Thus, every intendment of law or
facts leans toward the validity of marriage, the
indissolubility of the marriage bonds, the legitimacy of
children, the community of property during marriage, the
authority of parents over their children, and the validity of
defense for any member of the family in case of unlawful
aggression.
Art. 221. The following shall be void and of no effect:
(1) Any contract for personal separation between
husband and wife;
(2) Every extra-judicial agreement, during
marriage, for the dissolution of the conjugal
partnership of gains or of the absolute community
of property between husband and wife;
(3) Every collusion to obtain a decree of legal
separation, or of annulment of marriage;
(4) Any simulated alienation of property with
intent to deprive the compulsory heirs of their
legitime.
Art. 222. No suit shall be filed or maintained between
members of the same family unless it should appear that
earnest efforts toward a compromise have been made, but
that the same have failed, subject to the limitations in
Article 2035.
CHAPTER 2
THE FAMILY HOME (n)
SECTION 1. - General Provisions
Art. 223. The family home is the dwelling house where a
person and his family reside, and the land on which it is
situated. If constituted as herein provided, the family
home shall be exempt from execution, forced sale or
attachment, except as provided in Articles 232 and 243.
Art. 224. The family home may be established judicially or
extrajudicially.
SECTION 2. - Judicial Constitution of the Family
Home
Art. 225. The family home may be constituted by a verified
petition to the Court of First Instance by the owner of the
property, and by approval thereof by the court.
Art. 226. The following shall be beneficiaries of the family
home:
(1) The person establishing the same;
(2) His or her spouse;
 (3) His or her parents, ascendants, descendants,
brothers and sisters, whether the relationship be
legitimate or otherwise, who are living in the
family home and who depend upon him for
support.
Art. 227. The family home may also be set up by an
unmarried person who is the head of a family or
household.
Art. 228. If the petitioner is married, the family home may
be selected from the conjugal partnership or community
property, or from the separate property of the husband, or,
with the consent of the wife, from her paraphernal
property.
Art. 229. The petition shall contain the following
particulars:
(1) Description of the property;
(2) An estimate of its actual value;
(3) A statement that the petitioner is actually
residing in the premises;
(4) The encumbrances thereon;
(5) The names and addresses of all the creditors of
the petitioner and of all mortgagees and other
persons who have an interest in the property;
(6) The names of the other beneficiaries specified
in Article 226.
Art. 230. Creditors, mortgagees and all other persons who
have an interest in the estate shall be notified of the
petition, and given an opportunity to present their
objections thereto. The petition shall, moreover, be
published once a week for three consecutive weeks in a
newspaper of general circulation.
Art. 231. If the court finds that the actual value of the
proposed family home does not exceed twenty thousand
pesos, or thirty thousand pesos in chartered cities, and that
no third person is prejudiced, the petition shall be
approved. Should any creditor whose claim is unsecured,
oppose the establishment of the family home, the court
shall grant the petition if the debtor gives sufficient
security for the debt.
Art. 232. The family home, after its creation by virtue of
judicial approval, shall be exempt from execution, forced
sale, or attachment, except:
(1) For nonpayment of taxes; or
(2) In satisfaction of a judgment on a debt secured
by a mortgage constituted on the immovable
before or after the establishment of the family
home.
In case of insolvency of the person constituting the family
home, the property shall not be considered one of the
assets to be taken possession of by the assignee for the
benefit of creditors.
Art. 233. The order of the court approving the
establishment of the family home shall be recorded in the
Registry of Property.
Art. 234. When there is danger that a person obliged to
give support may lose his or her fortune because of grave
mismanagement or on account of riotous living, his or her
spouse, if any, and a majority of those entitled to be
supported by him or by her may petition the Court of First
Instance for the creation of the family home.
Art. 235. The family home may be sold, alienated or
encumbered by the person who has constituted the same,
with the consent of his or her spouse, and with the
approval of the court. However, the family home shall
under no circumstances be donated as long as there are
beneficiaries. In case of sale, the price or such portion
thereof as may be determined by the court shall be used in
acquiring property which shall be formed into a new family
home. Any sum of money obtained through an
encumbrance on the family home shall be used in the
interest of the beneficiaries. The court shall take measures
to implement the last two provisions.
Art. 236. The family home may be dissolved upon the
petition of the person who has constituted the same, with
the written consent of his or her spouse and of at least one
half of all the other beneficiaries who are eighteen years of
age or over. The court may grant the petition if it is
satisfactorily shown that the best interest of the family
requires the dissolution of the family home.
Art. 237. In case of legal separation or annulment of
marriage, the family home shall be dissolved, and the
property shall cease to be exempt from execution, forced
sale or attachment.
Art. 238. Upon the death of the person who has set up the
family home, the same shall continue, unless he desired
otherwise in his will. The heirs cannot ask for its partition
during the first ten years following the death of the person
constituting the same, unless the court finds powerful
reasons therefor.
Art. 239. The family home shall not be subject to payment
of the debts of the deceased, unless in his will the contrary
is stated. However, the claims mentioned in Article 232
shall not be adversely affected by the death of the person
who has established the family home.
SECTION 3. - Extra-judicial Creation of the Family
Home
Art. 240. The family home may be extrajudicially
constituted by recording in the Registry of Property a
public instrument wherein a person declares that he
thereby establishes a family home out of a dwelling place
with the land on which it is situated.
Art. 241. The declaration setting up the family home shall
be under oath and shall contain:
(1) A statement that the claimant is the owner of,
and is actually residing in the premises;
(2) A description of the property;
(3) An estimate of its actual value; and
(4) The names of the claimant's spouse and the
other beneficiaries mentioned in Article 226.
Art. 242. The recording in the Registry of Property of the
declaration referred to in the two preceding articles is the
operative act which creates the family home.
Art. 243. The family home extrajudicially formed shall be
exempt from execution, forced sale or attachment, except:
(1) For nonpayment of taxes;
(2) For debts incurred before the declaration was
recorded in the Registry of Property;
(3) For debts secured by mortgages on the
premises before or after such record of the
declaration;
(4) For debts due to laborers, mechanics,
architects, builders, material-men and others who
have rendered service or furnished material for the
prosecution of the building.
Art. 244. The provisions of Articles 226 to 228 and 235 to
238 are likewise applicable to family homes extrajudicially
established.
Art. 245. Upon the death of the person who has
extrajudicially constituted the family home, the property
shall not be liable for his debts other than those mentioned
in Article 243. However, he may provide in his will that the
family home shall be subject to payment of debts not
specified in Article 243.
Art. 246. No declaration for the extrajudicial establishment
of the family home shall be recorded in the Registry of
Property if the estimated actual value of the building and
the land exceeds the amount stated in Article 231.
Art. 247. When a creditor whose claim is not mentioned in
Article 243 obtains a judgment in his favor, and he has
reasonable grounds to believe that the family home of the
judgment debtor is worth more than the amount
mentioned in Article 231, he may apply to the Court of
First Instance for an order directing the sale of the
property under execution.
Art. 248. The hearing on the petition, appraisal of the
value of the family home, the sale under execution and
other matters relative to the proceedings shall be governed
by such provisions in the Rules of Court as the Supreme
Court shall promulgate on the subject, provided they are
not inconsistent with this Code.
Art. 249. At the sale under execution referred to in the two
preceding articles, no bid shall be considered unless it
exceeds the amount specified in Article 231. The proceeds
of the sale shall be applied in the following order:
(1) To the amount mentioned in Article 231;
(2) To the judgment and the costs.
The excess, if any, belongs to the person constituting the
family home.
Art. 250. The amount mentioned in Article 231 thus
received by the person who has established the family
home, or as much thereof as the court may determine,
shall be invested in constitution of a new family home. The
court shall take measures to enforce this provision.
Art. 251. In case of insolvency of the person creating the
family home, the claims specified in Article 243 may be
satisfied notwithstanding the insolvency proceedings.
If the assignee has reasonable grounds to believe that the
actual value of the family home exceeds the amount fixed
in Article 231, he may take action under the provisions of
Articles 247, 248 and 249.
CHAPTER 3
THE FAMILY COUNCIL (n)
Art. 252. The Court of First Instance may, upon application
of any member of the family, a relative, or a friend, appoint
a family council, whose duty it shall be to advise the court,
the spouses, the parents, guardians and the family on
important family questions.
Art. 253. The family council shall be composed of five
members, who shall be relatives of the parties concerned.
But the court may appoint one or two friends of the family.
Art. 254. The family council shall elect its chairman, and
shall meet at the call of the latter or upon order of the
court.
Title VIII. - PATERNITY AND FILIATION
CHAPTER 1
LEGITIMATE CHILDREN
Art. 255. Children born after one hundred and eighty days
following the celebration of the marriage, and before three
hundred days following its dissolution or the separation of
the spouses shall be presumed to be legitimate.
Against this presumption no evidence shall be admitted
other than that of the physical impossibility of the
husband's having access to his wife within the first one
hundred and twenty days of three hundred which preceded
the birth of the child.
This physical impossibility may be caused:
(1) By the impotence of the husband;
(2) By the fact that the husband and wife were
living separately, in such a way that access was not
possible;
(3) By the serious illness of the husband. (108a)
Art. 256. The child shall be presumed legitimate, although
the mother may have declared against its legitimacy or
may have been sentenced as an adulteress. (109)
Art. 257. Should the wife commit adultery at or about the
time of the conception of the child, but there was no
physical impossibility of access between her and her
husband as set forth in Article 255, the child is prima facie
presumed to be illegitimate if it appears highly
improbable, for ethnic reasons, that the child is that of the
husband. For the purposes of this article, the wife's
adultery need not be proved in a criminal case. (n)
Art. 258. A child born within one hundred eighty days
following the celebration of the marriage is prima facie
presumed to be legitimate. Such a child is conclusively
presumed to be legitimate in any of these cases:
(1) If the husband, before the marriage, knew of
the pregnancy of the wife;
(2) If he consented, being present, to the putting of
his surname on the record of birth of the child;
(3) If he expressly or tacitly recognized the child as
his own. (110a)
Art. 259. If the marriage is dissolved by the death of the
husband, and the mother contracted another marriage
within three hundred days following such death, these
rules shall govern:
(1) A child born before one hundred eighty days
after the solemnization of the subsequent marriage
is disputably presumed to have been conceived
during the former marriage, provided it be born
within three hundred days after the death of the
former husband:
(2) A child born after one hundred eighty days
following the celebration of the subsequent
marriage is prima facie presumed to have been
conceived during such marriage, even though it be
born within the three hundred days after the death
of the former husband. (n)
Art. 260. If after a judgment annulling a marriage, the
former wife should believe herself to be pregnant by the
former husband, she shall, within thirty days from the time
she became aware of her pregnancy, notify the former
husband or his heirs of that fact. He or his heirs may ask
the court to take measures to prevent a simulation of birth.
The same obligation shall devolve upon a widow who
believes herself to have been left pregnant by the deceased
husband, or upon the wife who believes herself to be
pregnant by her husband from whom she has been legally
separated. (n)
Art. 261. There is no presumption of legitimacy or
illegitimacy of a child born after three hundred days
following the dissolution of the marriage or the separation
of the spouses. Whoever alleges the legitimacy or the
illegitimacy of such child must prove his allegation. (n)
Art. 262. The heirs of the husband may impugn the
legitimacy of the child only in the following cases:
(1) If the husband should die before the expiration
of the period fixed for bringing his action;
(2) If he should die after the filing of the
complaint, without having desisted from the same;
(3) If the child was born after the death of the
husband. (112)
Art. 263. The action to impugn the legitimacy of the child
shall be brought within one year from the recording of the
birth in the Civil Register, if the husband should be in the
same place, or in a proper case, any of his heirs.
If he or his heirs are absent, the period shall be eighteen
months if they should reside in the Philippines; and two
years if abroad. If the birth of the child has been concealed,
the term shall be counted from the discovery of the fraud.
(113a)
Art. 264. Legitimate children shall have the right:
(1) To bear the surnames of the father and of the
mother;
(2) To receive support from them, from their
ascendants and in a proper case, from their
brothers and sisters, in conformity with Article
291;
(3) To the legitime and other successional rights
which this Code recognizes in their favor. (114)
CHAPTER 2
PROOF OF FILIATION OF LEGITIMATE
CHILDREN
Art. 265. The filiation of legitimate children is proved by
the record of birth appearing in the Civil Register, or by an
authentic document or a final judgment. (115)
Art. 266. In the absence of the titles indicated in the
preceding article, the filiation shall be proved by the
continuous possession of status of a legitimate child. (116)
Art. 267. In the absence of a record of birth, authentic
document, final judgment or possession of status,
legitimate filiation may be proved by any other means
allowed by the Rules of Court and special laws. (117a)
Art. 268. The action to claim his legitimacy may be brought
by the child during all his lifetime, and shall be transmitted
to his heirs if he should die during his minority or in a state
of insanity. In these cases the heirs shall have a period of
five years within which to institute the action.
The action already commenced by the child is transmitted
upon his death to the heirs, if the proceeding has not yet
lapsed. (118)
CHAPTER 3
LEGITIMATED CHILDREN
Art. 269. Only natural children can be legitimated.
Children born outside wedlock of parents who, at the time
of the conception of the former, were not disqualified by
any impediment to marry each other, are natural. (119a)
Art. 270. Legitimation shall take place by the subsequent
marriage between the parents. (120a)
Art. 271. Only natural children who have been recognized
by the parents before or after the celebration of the
marriage, or have been declared natural children by final
judgment, may be considered legitimated by subsequent
marriage.
If a natural child is recognized or judicially declared as
natural, such recognition or declaration shall extend to his
or her brothers or sisters of the full blood: Provided, That
the consent of the latter shall be implied if they do not
impugn the recognition within four years from the time of
such recognition, or in case they are minors, within four
years following the attainment of majority. (121a)
Art. 272. Children who are legitimated by subsequent
marriage shall enjoy the same rights as legitimate children.
(122)
Art. 273. Legitimation shall take effect from the time of the
child's birth. (123a)
Art. 274. The legitimation of children who died before the
celebration of the marriage shall benefit their descendants.
(124)
Art. 275. Legitimation may be impugned by those who are
prejudiced in their rights, when it takes place in favor of
those who do not have the legal condition of natural
children or when the requisites laid down in this Chapter
are not complied with. (128a)
CHAPTER 4
ILLEGITIMATE CHILDREN
SECTION 1. - Recognition of Natural Children
Art. 276. A natural child may be recognized by the father
and mother jointly, or by only one of them. (129)
Art. 277. In case the recognition is made by only one of the
parents, it shall be presumed that the child is natural, if the
parent recognizing it had legal capacity to contract
marriage at the time of the conception. (130)
Art. 278. Recognition shall be made in the record of birth,
a will, a statement before a court of record, or in any
authentic writing. (131a)
Art. 279. A minor who may not contract marriage without
parental consent cannot acknowledge a natural child,
unless the parent or guardian approves the
acknowledgment or unless the recognition is made in a
will. (n)
Art. 280. When the father or the mother makes the
recognition separately, he or she shall not reveal the name
of the person with whom he or she had the child; neither
shall he or she state any circumstance whereby the other
parent may be identified. (132a)
Art. 281. A child who is of age cannot be recognized
without his consent.
When the recognition of a minor does not take place in a
record of birth or in a will, judicial approval shall be
necessary.
A minor can in any case impugn the recognition within
four years following the attainment of his majority. (133a)
Art. 282. A recognized natural child has the right:
(1) To bear the surname of the parent recognizing
him:
(2) To receive support from such parent, in
conformity with article 291;
(3) To receive, in a proper case, the hereditary
portion which is determined in this Code. (134)
Art. 283. In any of the following cases, the father is obliged
to recognize the child as his natural child:
(1) In cases of rape, abduction or seduction, when
the period of the offense coincides more or less
with that of the conception;
(2) When the child is in continuous possession of
status of a child of the alleged father by the direct
acts of the latter or of his family;
(3) When the child was conceived during the time
when the mother cohabited with the supposed
father;
(4) When the child has in his favor any evidence or
proof that the defendant is his father. (n)
Art. 284. The mother is obliged to recognize her natural
child:
(1) In any of the cases referred to in the preceding
article, as between the child and the mother;
(2) When the birth and the identity of the child are
clearly proved. (136a)
Art. 285. The action for the recognition of natural children
may be brought only during the lifetime of the presumed
parents, except in the following cases:
(1) If the father or mother died during the minority
of the child, in which case the latter may file the
action before the expiration of four years from the
attainment of his majority;
(2) If after the death of the father or of the mother
a document should appear of which nothing had
been heard and in which either or both parents
recognize the child.
In this case, the action must be commenced within four
years from the finding of the document. (137a)
Art. 286. The recognition made in favor of a child who
does not possess all the conditions stated in Article 269, or
in which the requirements of the law have not been
fulfilled, may be impugned by those who are prejudiced by
such recognition. (137)
SECTION 2. - Other Illegitimate Children
Art. 287. Illegitimate children other than natural in
accordance with Article 269 and other than natural
children by legal fiction are entitled to support and such
successional rights as are granted in this Code. (n)
Art. 288. Minor children mentioned in the preceding
article are under the parental authority of the mother. (n)
Art. 289. Investigation of the paternity or maternity of
children mentioned in the two preceding articles is
permitted under the circumstances specified in Articles
283 and 284. (n)
Title IX. - SUPPORT
Art. 290. Support is everything that is indispensable for
sustenance, dwelling, clothing and medical attendance,
according to the social position of the family.
Support also includes the education of the person entitled
to be supported until he completes his education or
training for some profession, trade or vocation, even
beyond the age of majority. (124a)
Art. 291. The following are obliged to support each other to
the whole extent set forth in the preceding article:
(1) The spouses;
(2) Legitimate ascendants and descendants;
(3) Parents and acknowledged natural children
and the legitimate or illegitimate descendants of
the latter;
(4) Parents and natural children by legal fiction
and the legitimate and illegitimate descendants of
the latter;
(5) Parents and illegitimate children who are not
natural.
Brothers and sisters owe their legitimate and natural
brothers and sisters, although they are only of the half-
blood, the necessaries for life, when by a physical or
mental defect, or any other cause not imputable to the
recipients, the latter cannot secure their subsistence. This
assistance includes, in a proper case, expenses necessary
for elementary education and for professional or
vocational training. (143a)
Art. 292. During the proceedings for legal separation, or
for annulment of marriage, the spouses and children, shall
be supported from the conjugal partnership property. After
the final judgment of legal separation, or of annulment of
marriage, the obligation of mutual support between the
spouses ceases. However, in case of legal separation, the
court may order that the guilty spouse shall give support to
the innocent one, the judgment specifying the terms of
such order. (n)
Art. 293. In an action for legal separation or annulment of
marriage, attorney's fees and expenses for litigation shall
be charged to the conjugal partnership property, unless the
action fails. (n)
Art. 294. The claim for support, when proper and two or
more persons are obliged to give it, shall be made in the
following order:
(1) From the spouse;
(2) From the descendants of the nearest degree;
(3) From the ascendants, also of the nearest
degree;
(4) From the brothers and sisters.
Among descendants and ascendants the order in which
they are called to the intestate succession of the person
who has a right to claim support shall be observed. (144)
Art. 295. When the obligation to give support falls upon
two or more persons, the payment of the same shall be
divided between them in proportion to the resources of
each.
However, in case of urgent need and by special
circumstances, the judge may order only one of them to
furnish the support provisionally, without prejudice to his
right to claim from the other obligors the share due from
them.
When two or more recipients at the same time claim
support from one and the same person legally obliged to
give it, and the latter should not have sufficient means to
satisfy all, the order established in the preceding article
shall be followed, unless the concurrent obligees should be
the spouse and a child subject to parental authority, in
which case the latter shall be preferred. (145)
Art. 296. The amount of support, in the cases referred to in
the five numbers of article 291, shall be in proportion to
the resources or means of the giver and to the necessities
of the recipient. (146a)
Art. 297. Support in the cases referred to in the preceding
article shall be reduced or increased proportionately,
according to the reduction or increase of the needs of the
recipient and the resources of the person obliged to furnish
the same. (147)
Art. 298. The obligation to give support shall be
demandable from the time the person who has a right to
receive the same needs it for maintenance, but it shall not
be paid except from the date it is extrajudicially demanded.
Payment shall be made monthly in advance, and when the
recipient dies, his heirs shall not be obliged to return what
he has received in advance. (148a)
Art. 299. The person obliged to give support may, at his
option, fulfill his obligation either by paying the allowance
fixed, or by receiving and maintaining in his house the
person who has a right to receive support. The latter
alternative cannot be availed of in case there is a moral or
legal obstacle thereto. (149a)
Art. 300. The obligation to furnish support ceases upon the
death of the obligor, even if he may be bound to give it in
compliance with a final judgment. (150)
Art. 301. The right to receive support cannot be renounced;
nor can it be transmitted to a third person. Neither can it
be compensated with what the recipient owes the obligor.
However, support in arrears may be compensated and
renounced, and the right to demand the same may be
transmitted by onerous or gratuitous title. (151)
Art. 302. Neither the right to receive legal support nor any
money or property obtained as such support or any
pension or gratuity from the government is subject to
attachment or execution. (n)
Art. 303. The obligation to give support shall also cease:
(1) Upon the death of the recipient;
(2) When the resources of the obligor have been
reduced to the point where he cannot give the
support without neglecting his own needs and
those of his family;
(3) When the recipient may engage in a trade,
profession, or industry, or has obtained work, or
has improved his fortune in such a way that he no
longer needs the allowance for his subsistence;
(4) When the recipient, be he a forced heir or not,
has committed some act which gives rise to
disinheritance;
 (5) When the recipient is a descendant, brother or
sister of the obligor and the need for support is
caused by his or her bad conduct or by the lack of
application to work, so long as this cause subsists.
(152a)
Art. 304. The foregoing provisions shall be applicable to
other cases where, in virtue of this Code or of any other
law, by will, or by stipulation there is a right to receive
support, save what is stipulated, ordered by the testator or
provided by law for the special case. (153a)
Title X. - FUNERALS (n)
Art. 305. The duty and the right to make arrangements for
the funeral of a relative shall be in accordance with the
order established for support, under Article 294. In case of
descendants of the same degree, or of brothers and sisters,
the oldest shall be preferred. In case of ascendants, the
paternal shall have a better right.
Art. 306. Every funeral shall be in keeping with the social
position of the deceased.
Art. 307. The funeral shall be in accordance with the
expressed wishes of the deceased. In the absence of such
expression, his religious beliefs or affiliation shall
determine the funeral rites. In case of doubt, the form of
the funeral shall be decided upon by the person obliged to
make arrangements for the same, after consulting the
other members of the family.
Art. 308. No human remains shall be retained, interred,
disposed of or exhumed without the consent of the persons
mentioned in articles 294 and 305.
Art. 309. Any person who shows disrespect to the dead, or
wrongfully interferes with a funeral shall be liable to the
family of the deceased for damages, material and moral.
Art. 310. The construction of a tombstone or mausoleum
shall be deemed a part of the funeral expenses, and shall be
chargeable to the conjugal partnership property, if the
deceased is one of the spouses.
Title XI. - PARENTAL AUTHORITY
CHAPTER 1
GENERAL PROVISIONS
Art. 311. The father and mother jointly exercise parental
authority over their legitimate children who are not
emancipated. In case of disagreement, the father's decision
shall prevail, unless there is a judicial order to the
contrary.
Children are obliged to obey their parents so long as they
are under parental power, and to observe respect and
reverence toward them always.
Recognized natural and adopted children who are under
the age of majority are under the parental authority of the
father or mother recognizing or adopting them, and are
under the same obligation stated in the preceding
paragraph.
Natural children by legal fiction are under the joint
authority of the father and mother, as provided in the first
paragraph of this article. (154a)
Art. 312. Grandparents shall be consulted by all members
of the family on all important family questions. (n)
Art. 313. Parental authority cannot be renounced or
transferred, except in cases of guardianship or adoption
approved by the courts, or emancipation by concession.
The courts may, in cases specified by law, deprive parents
of their authority. (n)
Art. 314. A foundling shall be under the parental authority
of the person or institution that has reared the same. (n)
Art. 315. No descendant can be compelled, in a criminal
case, to testify against his parents and ascendants. (n)
CHAPTER 2
EFFECT OF PARENTAL AUTHORITY
UPON THE PERSONS OF THE CHILDREN
Art. 316. The father and the mother have, with respect to
their unemancipated children:
(1) The duty to support them, to have them in their
company, educate and instruct them in keeping
with their means and to represent them in all
actions which may redound to their benefit;
(2) The power to correct them and to punish them
moderately. (155)
Art. 317. The courts may appoint a guardian of the child' s
property, or a guardian ad litem when the best interest of
the child so requires. (n)
Art. 318. Upon cause being shown by the parents, the local
mayor may aid them in the exercise of their authority over
the child. If the child is to be kept in a children's home or
similar institution for not more than one month, an order
of the justice of the peace or municipal judge shall be
necessary, after due hearing, where the child shall be
heard. For his purpose, the court may appoint a guardian
ad litem. (156a)
Art. 319. The father and the mother shall satisfy the
support for the detained child; but they shall not have any
intervention in the regime of the institution where the
child is detained. They may lift the detention when they
deem it opportune, with the approval of the court. (158a)
 CHAPTER 3
EFFECT OF PARENTAL AUTHORITY
ON THE PROPERTY OF THE CHILDREN
Art. 320. The father, or in his absence the mother, is the
legal administrator of the property pertaining to the child
under parental authority. If the property is worth more
than two thousand pesos, the father or mother shall give a
bond subject to the approval of the Court of First Instance.
(159a)
Art. 321. The property which the unemancipated child has
acquired or may acquire with his work or industry, or by
any lucrative title, belongs to the child in ownership, and in
usufruct to the father or mother under whom he is under
parental authority and in whose company he lives; but if
the child, with the parent's consent, should live
independently from them, he shall be considered as
emancipated for all purposes relative to said property, and
he shall have over it dominion, usufruct and
administration. (160)
Art. 322. A child who earns money or acquires property
with his own work or industry shall be entitled to a
reasonable allowance from the earnings, in addition to the
expenses made by the parents for his support and
education. (n)
Art. 323. The fruits and interest of the child's property
referred to in article 321 shall be applied first to the
expenses for the support and education of the child. After
they have been fully met, the debts of the conjugal
partnership which have redounded to the benefit of the
family may be paid from said fruits and interest. (n)
Art. 324. Whatever the child may acquire with the capital
or property of the parents belongs to the latter in
ownership and in usufruct. But if the parents should
expressly grant him all or part of the profits that he may
obtain, such profits shall not be charged against his
legitime. (161)
Art. 325. The property or income donated, bequeathed or
devised to the unemancipated child for the expenses of his
education and instruction shall pertain to him in
ownership and usufruct; but the father or mother shall
administer the same, if in the donation or testamentary
provision the contrary has not been stated. (162)
Art. 326. When the property of the child is worth more
than two thousand pesos, the father or mother shall be
considered a guardian of the child's property, subject to
the duties and obligations of guardians under the Rules of
Court. (n)
CHAPTER 4
EXTINGUISHMENT OF PARENTAL AUTHORITY
Art. 327. Parental authority terminates:
(1) Upon the death of the parents or of the child;
(2) Upon emancipation;
(3) Upon adoption of the child;
(4) Upon the appointment of a general guardian.
(167a)
Art. 328. The mother who contracts a subsequent marriage
loses the parental authority over her children, unless the
deceased husband, father of the latter, has expressly
provided in his will that his widow might marry again, and
has ordered that in such case she should keep and exercise
parental authority over their children.
The court may also appoint a guardian of the child's
property in case the father should contract a subsequent
marriage. (168a)
Art. 329. When the mother of an illegitimate child marries
a man other than its father, the court may appoint a
guardian for the child. (n)
Art. 330. The father and in a proper case the mother, shall
lose authority over their children:
(1) When by final judgment in a criminal case the
penalty of deprivation of said authority is imposed
upon him or her;
(2) When by a final judgment in legal separation
proceedings such loss of authority is declared.
(169a)
Art. 331. Parental authority is suspended by the incapacity
or absence of the father, or in a proper case of the mother,
judicially declared, and also by civil interdiction. (170)
Art. 332. The courts may deprive the parents of their
authority or suspend the exercise of the same if they
should treat their children with excessive harshness or
should give them corrupting orders, counsels, or examples,
or should make them beg or abandon them. In these cases,
the courts may also deprive the parents in whole or in part,
of the usufruct over the child's property, or adopt such
measures as they may deem advisable in the interest of the
child. (171a)
Art. 333. If the widowed mother who has contracted a
subsequent marriage should again become a widow, she
shall recover from this moment her parental authority over
all her unemancipated children. (172)
CHAPTER 5
ADOPTION

Art. 334. Every person of age, who is in full possession of
his civil rights, may adopt. (173a)
Art. 335. The following cannot adopt:
(1) Those who have legitimate, legitimated,
acknowledged natural children, or natural children
by legal fiction;
(2) The guardian, with respect to the ward, before
the final approval of his accounts;
(3) A married person, without the consent of the
other spouse;
(4) Non-resident aliens;
(5) Resident aliens with whose government the
Republic of the Philippines has broken diplomatic
relations;
(6) Any person who has been convicted of a crime
involving moral turpitude, when the penalty
imposed was six months' imprisonment or more.
(174a)
Art. 336. The husband and wife may jointly adopt. Parental
authority shall, in such case, be exercised as if the child
were their own by nature. (n)
Art. 337. Any person, even if of age, may be adopted,
provided the adopter is sixteen years older. (173a)
Art. 338. The following may be adopted:
(1) The natural child, by the natural father or
mother;
(2) Other illegitimate children, by the father or
mother;
(3) A step-child, by the step-father or step-mother.
(n)
Art. 339. The following cannot be adopted:
(1) A married person, without the written consent
of the other spouse;
(2) An alien with whose government the Republic
of the Philippines has broken diplomatic relations;
(3) A person who has already been adopted. (n)
Art. 340. The written consent of the following to the
adoption shall be necessary:
(1) The person to be adopted, if fourteen years of
age or over;
(2) The parents, guardian or person in charge of
the person to be adopted. (n)
Art. 341. The adoption shall:
(1) Give to the adopted person the same rights and
duties as if he were a legitimate child of the
adopter:
(2) Dissolve the authority vested in the parents by
nature;
(3) Make the adopted person a legal heir of the
adopter;
(4) Entitle the adopted person to use the adopter's
surname. (n)
Art. 342. The adopter shall not be a legal heir of the
adopted person, whose parents by nature shall inherit
from him. (177a)
Art. 343. If the adopter is survived by legitimate parents or
ascendants and by an adopted person, the latter shall not
have more successional rights than an acknowledged
natural child. (n)
Art. 344. The adopter may donate property, by an act inter
vivos or by will, to the adopted person, who shall acquire
ownership thereof. (n)
Art. 345. The proceedings for adoption shall be governed
by the Rules of Court insofar as they are not in conflict
with this Code. (n)
Art. 346. The adoption shall be recorded in the local civil
register. (179a)
Art. 347. A minor or other incapacitated person may,
through a guardian ad litem, ask for the rescission of the
adoption on the same grounds that cause the loss of
parental authority. (n)
Art. 348. The adopter may petition the court for revocation
of the adoption in any of these cases:
(1) If the adopted person has attempted against the
life of the adopter;
(2) When the adopted minor has abandoned the
home of the adopter for more than three years;
(3) When by other acts the adopted person has
definitely repudiated the adoption. (n)
CHAPTER 6
SUBSTITUTE PARENTAL AUTHORITY (n)
Art. 349. The following persons shall exercise substitute
parental authority:
 (1) Guardians; (4) Has a right to live in an atmosphere conducive
to his physical, moral and intellectual
(2) Teachers and professors; development.

(3) Heads of children's homes, orphanages, and Art. 357. Every child shall:
similar institutions; (1) Obey and honor his parents or guardian;

(4) Directors of trade establishments, with regard (2) Respect his grandparents, old relatives, and
to apprentices; persons holding substitute parental authority;

(5) Grandparents; (3) Exert his utmost for his education and
training;
(6) The oldest brother or sister.
(4) Cooperate with the family in all matters that
make for the good of the same.
Art. 350. The persons named in the preceding article shall
exercise reasonable supervision over the conduct of the
child. Art. 358. Every parent and every person holding substitute
parental authority shall see to it that the rights of the child
are respected and his duties complied with, and shall
Art. 351. A general guardian or a guardian over the person
particularly, by precept and example, imbue the child with
shall have the same authority over the ward's person as the
highmindedness, love of country, veneration for the
parents. With regard to the child's property, the Rules of
national heroes, fidelity to democracy as a way of life, and
Court on guardianship shall govern.
attachment to the ideal of permanent world peace.
Art. 352. The relations between teacher and pupil,
Art. 359. The government promotes the full growth of the
professor and student, are fixed by government regulations
faculties of every child. For this purpose, the government
and those of each school or institution. In no case shall
will establish, whenever possible:
corporal punishment be countenanced. The teacher or
professor shall cultivate the best potentialities of the heart
and mind of the pupil or student. (1) Schools in every barrio, municipality and city
where optional religious instruction shall be taught
as part of the curriculum at the option of the
Art. 353. Apprentices shall be treated humanely. No
parent or guardian;
corporal punishment against the apprentice shall be
permitted.
(2) Puericulture and similar centers;
Art. 354. Grandparents and in their default the oldest
brother or sister shall exercise parental authority in case of (3) Councils for the Protection of Children; and
death or absence of the child's parents. If the parents are
living, or if the child is under guardianship, the (4) Juvenile courts.
grandparents may give advice and counsel to the child, to
the parents or to the guardian. Art. 360. The Council for the Protection of Children shall
look after the welfare of children in the municipality. It
Art. 355. Substitute parental authority shall be exercised by shall, among other functions:
the grandparents in the following order: (1) Foster the education of every child in the
municipality;
(1) Paternal grandparents;
(2) Encourage the cultivation of the duties of
(2) Maternal grandparents. parents;

Title XII. - CARE AND EDUCATION OF CHILDREN (3) Protect and assist abandoned or mistreated
children, and orphans;
Art. 356. Every child:
(1) Is entitled to parental care; (4) Take steps to prevent juvenile delinquency;

(2) Shall receive at least elementary education; (5) Adopt measures for the health of children;

(3) Shall be given moral and civic training by the (6) Promote the opening and maintenance of
parents or guardian; playgrounds;
 (7) Coordinate the activities of organizations
devoted to the welfare of children, and secure their
cooperation.
Art. 361. Juvenile courts will be established, as far as
practicable, in every chartered city or large municipality.
Art. 362. Whenever a child is found delinquent by any
court, the father, mother, or guardian may in a proper case
be judicially admonished.
Art. 363. In all questions on the care, custody, education
and property of children the latter's welfare shall be
paramount. No mother shall be separated from her child
under seven years of age, unless the court finds compelling
reasons for such measure.
Title XIII. - USE OF SURNAMES (n)
Art. 364. Legitimate and legitimated children shall
principally use the surname of the father.
Art. 365. An adopted child shall bear the surname of the
adopter.
Art. 366. A natural child acknowledged by both parents
shall principally use the surname of the father. If
recognized by only one of the parents, a natural child shall
employ the surname of the recognizing parent.
Art. 367. Natural children by legal fiction shall principally
employ the surname of the father.
Art. 368. Illegitimate children referred to in Article 287
shall bear the surname of the mother.
Art. 369. Children conceived before the decree annulling a
voidable marriage shall principally use the surname of the
father.
Art. 370. A married woman may use:
(1) Her maiden first name and surname and add
her husband's surname, or
(2) Her maiden first name and her husband's
surname or
(3) Her husband's full name, but prefixing a word
indicating that she is his wife, such as "Mrs."
Art. 371. In case of annulment of marriage, and the wife is
the guilty party, she shall resume her maiden name and
surname. If she is the innocent spouse, she may resume
her maiden name and surname. However, she may choose
to continue employing her former husband's surname,
unless:
(1) The court decrees otherwise, or
(2) She or the former husband is married again to
another person.
Art. 372. When legal separation has been granted, the wife
shall continue using her name and surname employed
before the legal separation.
Art. 373. A widow may use the deceased husband's
surname as though he were still living, in accordance with
Article 370.
Art. 374. In case of identity of names and surnames, the
younger person shall be obliged to use such additional
name or surname as will avoid confusion.
Art. 375. In case of identity of names and surnames
between ascendants and descendants, the word "Junior"
can be used only by a son. Grandsons and other direct
male descendants shall either:
(1) Add a middle name or the mother's surname,
or
(2) Add the Roman Numerals II, III, and so on.
Art. 376. No person can change his name or surname
without judicial authority.
Art. 377. Usurpation of a name and surname may be the
subject of an action for damages and other relief.
Art. 378. The unauthorized or unlawful use of another
person's surname gives a right of action to the latter.
Art. 379. The employment of pen names or stage names is
permitted, provided it is done in good faith and there is no
injury to third persons. Pen names and stage names cannot
be usurped.
Art. 380. Except as provided in the preceding article, no
person shall use different names and surnames.
Title XIV. - ABSENCE
CHAPTER 1
PROVISIONAL MEASURES IN CASE OF ABSENCE
Art. 381. When a person disappears from his domicile, his
whereabouts being unknown, and without leaving an agent
to administer his property, the judge, at the instance of an
interested party, a relative, or a friend, may appoint a
person to represent him in all that may be necessary.
This same rule shall be observed when under similar
circumstances the power conferred by the absentee has
expired. (181a)
Art. 382. The appointment referred to in the preceding
article having been made, the judge shall take the
necessary measures to safeguard the rights and interests of
the absentee and shall specify the powers, obligations and
remuneration of his representative, regulating them,
according to the circumstances, by the rules concerning
guardians. (182)
Art. 383. In the appointment of a representative, the
spouse present shall be preferred when there is no legal
separation.
If the absentee left no spouse, or if the spouse present is a
minor, any competent person may be appointed by the
court. (183a)
CHAPTER 2
DECLARATION OF ABSENCE
Art. 384. Two years having elapsed without any news
about the absentee or since the receipt of the last news,
and five years in case the absentee has left a person in
charge of the administration of his property, his absence
may be declared. (184)
Art. 385. The following may ask for the declaration of
absence:
(1) The spouse present;
(2) The heirs instituted in a will, who may present
an authentic copy of the same;
(3) The relatives who may succeed by the law of
intestacy;
(4) Those who may have over the property of the
absentee some right subordinated to the condition
of his death. (185)
Art. 386. The judicial declaration of absence shall not take
effect until six months after its publication in a newspaper
of general circulation. (186a)
CHAPTER 3
ADMINISTRATION OF THE PROPERTY OF THE
ABSENTEE
Art. 387. An administrator of the absentee's property shall
be appointed in accordance with Article 383. (187a)
Art. 388. The wife who is appointed as an administratrix of
the husband's property cannot alienate or encumber the
husband's property, or that of the conjugal partnership,
without judicial authority. (188a)
Art. 389. The administration shall cease in any of the
following cases:
(1) When the absentee appears personally or by
means of an agent;
(2) When the death of the absentee is proved and
his testate or intestate heirs appear;
(3) When a third person appears, showing by a
proper document that he has acquired the
absentee's property by purchase or other title.
In these cases the administrator shall cease in the
performance of his office, and the property shall be at the
disposal of those who may have a right thereto. (190)
CHAPTER 4
PRESUMPTION OF DEATH
Art. 390. After an absence of seven years, it being
unknown whether or not the absentee still lives, he shall be
presumed dead for all purposes, except for those of
succession.
The absentee shall not be presumed dead for the purpose
of opening his succession till after an absence of ten years.
If he disappeared after the age of seventy-five years, an
absence of five years shall be sufficient in order that his
succession may be opened. (n)
Art. 391. The following shall be presumed dead for all
purposes, including the division of the estate among the
heirs:
(1) A person on board a vessel lost during a sea
voyage, or an aeroplane which is missing, who has
not been heard of for four years since the loss of
the vessel or aeroplane;
(2) A person in the armed forces who has taken
part in war, and has been missing for four years;
(3) A person who has been in danger of death
under other circumstances and his existence has
not been known for four years. (n)
Art. 392. If the absentee appears, or without appearing his
existence is proved, he shall recover his property in the
condition in which it may be found, and the price of any
property that may have been alienated or the property
acquired therewith; but he cannot claim either fruits or
rents. (194)
CHAPTER 5
EFFECT OF ABSENCE UPON THE
CONTINGENT RIGHTS OF THE ABSENTEE
Art. 393. Whoever claims a right pertaining to a person
whose existence is not recognized must prove that he was
living at the time his existence was necessary in order to
acquire said right. (195)
Art. 394. Without prejudice to the provision of the
preceding article, upon the opening of a succession to
which an absentee is called, his share shall accrue to his
co-heirs, unless he has heirs, assigns, or a representative.
They shall all, as the case may be, make an inventory of the
property. (196a)
Art. 395. The provisions of the preceding article are
understood to be without prejudice to the action of petition
for inheritance or other rights which are vested in the
absentee, his representatives or successors in interest.
These rights shall not be extinguished save by lapse of time
fixed for prescription. In the record that is made in the
Registry of the real estate which accrues to the coheirs, the
circumstance of its being subject to the provisions of this
article shall be stated. (197)
Art. 396. Those who may have entered upon the
inheritance shall appropriate the fruits received in good
faith so long as the absentee does not appear, or while his
representatives or successors in interest do not bring the
proper actions. (198)
Title XV. - EMANCIPATION AND AGE OF
MAJORITY
CHAPTER 1
EMANCIPATION
Art. 397. Emancipation takes place:
(1) By the marriage of the minor;
(2) By the attainment of majority;
(3) By the concession of the father or of the mother
who exercise parental authority. (314)
Art. 398. Emancipation treated of in No. 3 of the preceding
article shall be effected in a public instrument which shall
be recorded in the Civil Register, and unless so recorded, it
shall take no effect against third persons. (316a)
Art. 399. Emancipation by marriage or by voluntary
concession shall terminate parental authority over the
child's person. It shall enable the minor to administer his
property as though he were of age, but he cannot borrow
money or alienate or encumber real property without the
consent of his father or mother, or guardian. He can sue
and be sued in court only with the assistance of his father,
mother or guardian. (317a)
Art. 400. In order that emancipation by concession of the
father or of the mother may take place, it is required that
the minor be eighteen years of age, and that he give his
consent thereto. (318)
Art. 401. Emancipation is final or irrevocable. (319a)
CHAPTER 2
AGE OF MAJORITY
Art. 402. Majority commences upon the attainment of the
age of twenty-one years.
The person who has reached majority is qualified for all
acts of civil life, save the exceptions established by this
Code in special cases. (320a)
Art. 403. Notwithstanding the provisions of the preceding
article, a daughter above twenty-one but below twenty-
three years of age cannot leave the parental home without
the consent of the father or mother in whose company she
lives, except to become a wife, or when she exercises a
profession or calling, or when the father or mother has
contracted a subsequent marriage. (321a)
Art. 404. An orphan who is minor may, at the instance of
any relative or other person, obtain emancipation by
concession upon an order of the Court of First Instance.
(322a)
Art. 405. For the concession and approval referred to in
the preceding article it is necessary:
(1) That the minor be eighteen years of age;
(2) That he consent thereto; and
(3) That the concession be deemed convenient for
the minor.
The concession shall be recorded in the Civil Register.
(323a)
Art. 406. The provisions of Article 399 are applicable to an
orphan who has been emancipated according to Article
404. The court will give the necessary approval with
respect to the contracts mentioned in Article 399. In
litigations, a guardian ad litem for the minor shall be
appointed by the court. (324a)
Title XVI. - CIVIL REGISTER
Art. 407. Acts, events and judicial decrees concerning the
civil status of persons shall be recorded in the civil register.
(325a)
Art. 408. The following shall be entered in the civil
register:
(1) Births;
(2) marriages;
(3) deaths;
(4) legal separations;
(5) annulments of marriage;
(6) judgments declaring marriages void from the
beginning;
 (7) legitimations;
(8) adoptions;
(9) acknowledgments of natural children;
(10) naturalization;
(11) loss, or (12) recovery of citizenship;
(13) civil interdiction;
(14) judicial determination of filiation;
(15) voluntary emancipation of a minor; and
(16) changes of name. (326a)

Art. 409. In cases of legal separation, adoption,

naturalization and other judicial orders mentioned in the
preceding article, it shall be the duty of the clerk of the
court which issued the decree to ascertain whether the
same has been registered, and if this has not been done, to
send a copy of said decree to the civil registry of the city or
municipality where the court is functioning. (n)

Art. 410. The books making up the civil register and all
documents relating thereto shall be considered public
documents and shall be prima facie evidence of the facts
therein contained. (n)

Art. 411. Every civil registrar shall be civilly responsible for

any unauthorized alteration made in any civil register, to
any person suffering damage thereby. However, the civil
registrar may exempt himself from such liability if he
proves that he has taken every reasonable precaution to
prevent the unlawful alteration. (n)

Art. 412. No entry in a civil register shall be changed or

corrected, without a judicial order. (n)

Art. 413. All other matters pertaining to the registration of

civil status shall be governed by special laws. (n)